The United Nations Population Fund’s (UNFPA) recently launched its flagship State of World Population Report for the year 2021. This report, titled ‘My Body is My Own,’ marks the first instance where a United Nations report has specifically given attention to bodily autonomy. Bodily autonomy refers to an individual’s inherent right and power to make informed choices regarding their body without any fear of violence or coercion.
Understanding Bodily Autonomy: Scope and Violations
The principle of bodily autonomy embodies the fundamental human right of every person, including children, to self-determination and control over their own bodies. It views any unconsented physical intrusion as a violation of human rights. While this principle has traditionally been associated with practices such as torture, inhumane treatment and forced disappearances, it extends to a wide range of human rights violations that affect civil rights, especially of children and those with disabilities. Some specific examples include child marriage, female genital mutilation, lack of access to contraceptive choices leading to unplanned pregnancies, and sexual harassment experienced by individuals with diverse sexual orientations and gender identities.
The Global Scenario and Impact of Covid-19
In 57 developing countries, nearly half of the women do not have the right to make decisions regarding their own bodies. This includes areas such as contraception use, seeking healthcare, and exercising sexual autonomy. Only 75% of countries legally ensure full and equal access to contraception. The Covid-19 pandemic further worsened the situation, denying women around the world their fundamental right of bodily autonomy.
The Situation in India
According to National Family Health Survey (NFHS)-4 (2015-2016), in India, just 12% of currently married women aged between 15 and 49 make decisions about their own healthcare independently. The majority, 63%, decide in consultation with their spouse, while for 23%, it is the spouse who primarily makes health-related decisions. When it comes to contraception, a mere 8% of currently married women in the same age group take independent decisions.
Recent Data from NFHS-5
NFHS-5 data revealed that the contraceptive prevalence rate has significantly increased in most Indian states, with the highest rates observed in Himachal Pradesh and West Bengal. Although domestic violence has generally declined in most states, it has seen an alarming increase in Sikkim, Maharashtra, Himachal Pradesh, Assam and Karnataka.
Supreme Court Judgement Relevant to Bodily Autonomy
The Supreme Court of India, in Justice K S Puttaswamy v Union of India in 2017, ruled that reproductive rights encompass a woman’s right to carry a pregnancy to its full term, to give birth, and to subsequently raise children. These rights were declared integral to a woman’s right to privacy, dignity, and bodily integrity.
About United Nations Population Fund
The UNFPA is a subsidiary organ of the UN General Assembly and functions as a sexual and reproductive health agency. Established in 1967, it started operations in 1969. It was officially renamed the United Nations Population Fund in 1987. UNFPA’s chief objective is to address Sustainable Development Goals on health, education, and gender equality. The organization relies entirely on voluntary contributions, rather than the UN budget.
Way Forward
Bodily autonomy is essential to the realization of UNFPA’s goals of ending the global unmet need for contraception, preventable maternal deaths, gender-based violence and harmful practices by 2030. This can only be achieved through combating gender inequality and discrimination, and transforming the social and economic structures that perpetuate them. Men too have an important role to play as allies in this transition. Many more need to deviate from patterns of privilege and dominance that sabotage bodily autonomy, contributing to creating an egalitarian society that benefits all.