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Claiming Dignity Profit, Non-Governmental, Human Rights Organisation, HRLN Recognizes Rights

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Claiming Dignity Profit, Non-Governmental, Human Rights Organisation, HRLN Recognizes Rights The Human Rights Law Network (HRLN) is a collective of lawyers and social activists dedicated to using the legal system to advance human rights in India and to ensure access to justice for victims of human rights violations. A not-for CLAIMING DIGNITY profit, non-governmental, human rights organisation, HRLN recognizes rights broadly to include civil and political as well as economic, social, and cultural DIGNITY CLAIMING USING LAW TO ADVANCE REPRODUCTIVE AND SEXUAL rights. Recognising law as an area of struggle, HRLN views the legal system as HEALTH RIGHTS a limited but crucial weapon for realising human rights. We believe that large scale struggles against human rights violations have to be waged by social and political movements and that the legal system can play a significant supportive role in these. Starting in 1989 as an ad hoc group of lawyers and social activists, HRLN has since evolved into a human rights organisation with dedicated activists, lawyers, and social workers in all Indian states. In addition to pro-bono legal services and public interest litigation, HRLN engages in legal advocacy both inside and outside of the courts including conducting legal workshops and investigations, publishing “Know Your Rights” material, and participating in campaigns. In collaboration with social movements and human rights and development organisations, HRLN works on behalf of the rights of women, prisoners, Dalits, workers, children, farmers, indigenous people, refugees, HIV positive people, people with disabilities, religious minorities, sexual minorities, and the homeless among others. 2019 3rd EDITION 2019 European Union CLAIMING DIGNITY USING LAW TO ADVANCE REPRODUCTIVE AND SEXUAL HEALTH RIGHTS 3RD EDITION 2019 HUMAN RIGHTS LAW NETWORK: OUR VISION • To protect fundamental human rights, increase access to basic resources for marginalised communities, and eliminate discrimination. • To create a justice delivery system that is accessible, accountable, transparent, efficient and affordable, and works for the underprivileged. • To raise the level of pro bono legal expertise for the poor to make the work uniformly competent as well as compassionate. • To equip through professional training a new generation of public interest lawyers and paralegals who are comfortable both in the world of law as well as in social movements, and who learn from the social movements to refine legal concepts and strategies. • To work towards an increased awareness of rights as universal and indivisible, and their realisation an immediate goal. ‘CLAIMING DIGNITY: Using Law To Advance Reproductive And Sexual Health Rights’ June 2019 © Socio Legal Information Centre ISBN: 978-81-934737-1-9 Written and Compiled by: Mahima N. Duggal, Sangeeta Banerjee, Deepak Kr. Singh, Monalisa Barman, Zahra Wynne, Shaoni Mukherjee, Aishwarya Adhikari Edited by: Sangeeta Banerjee and Aishwarya Adhikari Cover Photo Courtesy: Sarita Barpanda and Morgan Wilson Cover Photograph is of a woman after sterilization operation, lying on a dirty carpet waiting to regain their strength to go back home in Orissa. Design & Print: Shivam Sundram, E-9, Green Park Extn, New Delhi- 110 016 Published by Human Rights Law Network (A division of Socio Legal Information Centre) 576, Masjid Road, Jangpura New Delhi- 110 014, INDIA Ph: +91-11-24379855-56 Email: [email protected] Website: ww.hrln.org Supported by: Disclaimer: The views and opinions expressed in this publication are not necessarily the views of HRLN. Every effort has been made to avoid errors, omissions, and inaccuracies. HRLN takes sole responsibility for any remaining errors, omissions or inaccuracies that may remain. *Any section of this volume may be reproduced without prior permission of the Human Rights Law Network/Socio Legal Information Centre for public interest purposes with appropriate acknowledgment.Note on Footnote: The authors have employed a simple and straight-forward formatting style to maximize the usability of the sources cited. *Any section of this volume may be reproduced without prior permission of the Human Rights Law Network for public interest purposes with appropriate acknowledgment. Any commercial reproduction requires prior written permission from the HRLN. HRLN would appreciate receiving a copy of any materials in which information from this report is used. Acknowledgement This work would not have been possible without the financial support of the European Union, Amplify Change and MacArthur Foundation. Human Rights Law Network is especially indebted to Dr. Colin Gonsalves, who has been supportive and who actively supported us in collation and completion of the publication. HRLN is thankful to each of the State units for providing extensive professional guidance and shared their suggestions to strengthen this publication. HRLN is thankful to Ms. Radha Holla, Jibin Matthew, Madhulika Masih, S. Srinivasan, Dr. Rajesh Sagar and Dr. Mira Shiva for contributing articles crucial in understanding the various facets of sexual reproductive health and rights. We appreciate the support of all the interns who have worked with HRLN and provided help in gathering information and assembling the book. HRLN would also like to express gratitude to all those who have pushed us to come out with the third volume of Çlaiming Dignity’ and have been a constant source of inspiration. Contents CHAPTER 1: INTRODUCTION ..............................................................................1 Quality of Care .........................................................................................................5 Implementation of Government Schemes and Entitlements ......................................8 Child Marriages ......................................................................................................10 Unmet Need for Family Planning ...........................................................................11 Access to Safe Abortion Services ..............................................................................13 The Debate on Abortion ......................................................................................13 Situation in India ...............................................................................................14 Contraception and Its Role in Fostering Unlicensed and Unsafe Abortions ..............16 Rights of Ground Level Health Workers .................................................................17 Monetary Incentives ............................................................................................18 Inconsistent Payment of Incentives ........................................................................19 Recruitment and Training ...................................................................................20 Institutional, Infrastructural and Organizational Factors ......................................21 Gender and Tradition .........................................................................................23 Difficult External Environment and Physical Mobility ..........................................23 Access to Adequate Nutrition ..................................................................................24 CHAPTER 2: LEGAL PROTECTIONS AND SCHEMES IN INDIA ...................31 Constitutional Rights ..............................................................................................31 Article 14 ...........................................................................................................31 Article 15 ...........................................................................................................32 Article 16 ...........................................................................................................32 Article 21 ...........................................................................................................33 Article 42 ...........................................................................................................35 Article 46 ...........................................................................................................35 Article 47 ...........................................................................................................35 Indian Penal Code (1860) .......................................................................................36 Legislative Rights ....................................................................................................36 Maternity Benefit Act (1961) ..............................................................................36 Medical Termination of Pregnancy Act (1971) .....................................................37 Consumer Protection Act (1986) ..........................................................................38 Pre-Conception and Pre-Natal Diagnostic Techniques Act (1994) .........................40 Protection of Women from Domestic Violence Act (2005) ......................................42 Prohibition of Child Marriage Act (2006) ...........................................................43 Sexual Harassment of Women at Workplace - Prevention, Prohibition and Redressal Act (2013)...................................................................44 Codified and Un-codified Personal Laws ..............................................................46 National Schemes and Policies related to Reproductive Rights ................................46 National Rural Health Mission ...........................................................................46 Janani
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