जब भारत में महिलाओं के यौन और प्रजनन स्वास्थ्य की बात आती है, तब अधिकार-आधारित विमर्श को न केवल सामाजिक मानदंडों द्वारा बल्कि भी कानूनी मानदंडों द्वारा भी बड़े पैमाने पर नजरअंदाज किया गया है। विचार कीजिए। (उत्तर 250 शब्दों में दीजिए) / When it comes to sexual and reproductive health of women in India, rights-based discourse has largely been bypassed not just by the societal norms but also by the legal norms. Discuss. (Answer in 250 words)

In Pichitra Srivastava case the Supreme Court had held that Women have sexual and reproductive rights under Article 21. However, this rights based discourse has been bypassed: By Societal Norms → i) Patriarchy leading to early marriage as seen as 'dual burden' thus violating right. ii) Early marriage → poor bargaining, social power → intergenerational impedance, health and sexual autonomy. iii) No right as husband (Patriarchy rules). iii) Age of consent, Marital Rape not under society's purview and thus not given due course. But bypassed by legal norm

But bypassed by legal norm → i) Justice Verma Committee suggested 16 years as age of consent to ensure false case under POSCO do not arise and women can get sexual autonomy but ignored. ii) Supreme Court has asked for Marital rape to be criminalized but under BNS (Bharya Nyaya Sanhita → not included). iii) Abortion beyond 24 weeks sometimes leads to legal hurdles as there is intervention by committees. iv) Family Planning programme not updated and thus no awareness about contraceptives. v) PASH Act (Workplace) Act → not acting as detergent as not show enough (informal female workers out of ambit).

v) PASH Act (Workplace) Act → not acting as detergent as not show enough (informal female workers out of ambit). vi) Explore recommendation of Jaya Jaitly Committee and Justice Verma Committee. vii) SC directive in Lata Wakhare case about recognizing women's contribution important for their autonomy. viii) Sexual and reproductive rights need legal intervention → Parliament debate. ix) Civil society, women NGOs to mobilize for demanding reform. 'Yatra Naiyahu Pujyete, Kamate Tatra Devata' → Women's respect make gods happy. Need to do net for fulfilling DPSP goal [47] and SDG goal [5].

— Nisar Dishant Amrutlal · AIR 19