INTRODUCTION:

It must be recognised and appreciated that the women’s movement or the feminist movement has been a very long struggle in its efforts to overthrow the ‘demeaning’ of women. Fraser accounts very engagingly that ‘demeaning’ was the word used before ‘discrimination’ became popular. She also describes how the patriarchy worked the systems to control women. The activities of women were so demeaned that it became a stereotyped image, rooted in society¹. Demeaning thus embedded, gives way to discrimination, creating a sense of familiarity and acceptance of the practice. A lack of representation of the group that lacks power undermines their presence and contribution in society. This is worsened by societal customs and traditions that surround women’s lives which have been given added thrust by women themselves as they are made to believe that they are the keepers of such practices. Hence it gets institutionalized. The women’s movements with its thrust on educating themselves and writing, publishing, and sharing, have been instrumental in pushing for women’s rights successfully. This article argues for the representation of women’s rights, especially reproductive rights, to align it within the main paradigm of human rights and human existence.

Marriage, home, and family, were the kind of banal existence women had to lead. Inhabiting that space was coterminous with survival and social acceptance¹. The women’s rights movement emphasized the need and quest for development that could ill-afford to ignore its women. Education, gainful employment in the labour market, freedom of movement, and to be respected as individuals of their own right but not as an extension of their male patriarchs, were sought for. These opened new vistas for women to venture into taboo-like subjects such as limiting childbearing, which falls under the domain of reproductive rights. These rights are all-encompassing in nature. But contrastingly and ironically, most of the violation of women’s rights occur in the private sphere of family life². The situation worsens as significant events in a woman’s life such as education, employment, marriage, pregnancy, and abortion continue to be protected and justified by cultural and religious norms. The thrust of this review paper is to look at women’s reproductive health within the realm of women’s rights with a feminist lens.

Feminism and Women’s Rights:

The feminist movement began in isolated places across the western world, especially in the United States and Europe around the late nineteenth and early twentieth centuries. Dubbed as the first wave of feminism, it emerged in the backdrop of industrialisation and liberal, socialist politics. It also coincided with the anti-abolitionist movement in the US and the mass women’s suffrage petition in the UK. The very first formal convention for women held at Seneca Falls, marked the breakthrough in women’s rights. The major thrust was on suffrage. They also highlighted their right to be educated, own property, and be considered as individual legal citizens, and not one as betrothed to the male members in their families. Mary Wollstonecraft (1792) and Simone de Beauvoir (1949) wrote about how society bestowed only a marginal status to women. Concepts like “equity feminism” as we know them today were the inherent traits of this first wave³.

The second wave began in the 1960s and lasted well up to the 90s. There was an increasing wave of self-consciousness plus the emerging civil rights movement, as well as the New Left in the backdrop of the two world wars. It was thus more radically charged and the focus was on sexuality and reproductive rights, contextualized within patriarchy and capitalism. An important hallmark of this wave was the marked distinction drawn between gender as a social construct and sex as merely biological. Sisterhood, identity politics, and catchphrases like “the personal is political” were the buzzword. Getting involved in productive labour, undoing sex roles, and dispelling the myth of women as a beauty object was a strong agenda.

Kate Millett (1969) debunked feminine roles as consigned to marriage and motherhood only and asserted an independent sexuality of the woman. Betty Friedan (1963) also catapulted the voices of the liberal feminists who started recognizing that social power and political influence were essential to be treated as an equal human being. They also documented the deeply embedded sexism in society in terms of parents’ treatment towards children. Distinct features and practices that demarcated what was prevailing in the public and private spheres were also discussed and documented^4,5. There was added buoyancy to the feminist struggles which rocked the male-female status quo. The radicals were also empowered with neo-Marxist ideas and psychoanalytical insight. Juliet Mitchell, Shulamith Firestone, Gloria Steinem, Nancy Hartsock, and Patricia Hill Collins, have been a few of the prominent feminists of that time. Their documentations and publications served to generate a whole host of renewed interest and vigour in feminist writings, research, and activism⁵. A kind of identity feminism gained threshold. Intersectionality and how they manifest themselves differently based on gender, class, and race came to the fore. They also pursued the quest of the woman’s body as a site of multiple orderings and not only as an object of sexuality⁶. A robust wealth of research and publication on women’s issues mushroomed. It had propelled the emergent women’s studies, which are also oft-labelled as gender or feminist studies.

The third wave began in the mid-1990s fanned by post-colonial and post-modern ideologies. They challenged universal womanhood, as well as the rhetoric that beauty and brains cannot go together. Feminine beauty was not to be allowed to be appropriated by a sexist patriarchy but was to be flaunted as “girlie feminism” or “grrl feminism”^7,8. It accessed information technology to induce more “grrls” to engage in activism for women’s rights. Rather than disowning words that denounced their morality such as ‘slut’, ‘bitch’, they appropriated them, to emphasize how sexist language can serve to create or destroy gender dynamics. Stereotyped images of women as passive, and weak; or contrastingly as domineering and slutty were being challenged. Women were to be confident in their own sexuality. They undid binaries of ‘Us’ and ‘Them’ and did not identify with singularities but with pluralities of feminism and feminist thought. Universality of womanhood was challenged and the complex intersections of race, gender, age, class, and sex are were relocated^3,5. A “gender continuum”³was advocated wherein one must be allowed to be free to self-identify and express one’s gender identity and sexuality.

This wave built itself up on the feminist writings and publications of the earlier waves, especially the second wave. Education of women was emerging as a great denominator in changing gender equations, despite the inequalities therein⁹. The emergence of the new global order characterised by religious and ethnic-fundamentalism; the perils and profundities of info-tech and bio-technology served to provide further thrust to third wave feminism. This wave was marked by chaos and a multiplicity of theoretical and political standpoints. Judith Butler outlined these changing dynamics in her books Gender Trouble (1990) and Bodies That Matter (1993). Traditional femininity is flaunted, yet bold narratives of the liberated woman were appropriated and assumed upon themselves. Natasha Walter’s The New Feminism (1998), was one such work.

Historicity of Women’s Voices:

Fraser points out that throughout the sixteenth and seventeenth centuries, girls primarily from royal and wealthy families got educated, wrote, and published their works, often, anonymously¹. These aristocratic educated women argued that not only the biological oppression of women was to be tackled, but the cultural aspects too. Challenging the existing power structures, although never easy, but unless done so, will serve to further disempower them. These women served to align women’s thinking towards their empowerment.

Mary Wollstonecraft emphasized that besides education, political participation, and the frailties of marriage, women ought to be knowledgeable about health and speak up against violence. Another strong supporter was John Stuart Mill, a British member of parliament, who highlighted how married women had no control over their lives either in the private or public sphere¹⁰. Married women were more vulnerable in terms of lack of ownership of property, and poor divorce laws. Wife-beating was never considered a public issue until the late twentieth century, when efforts to highlight violence against women became more internationally organized across all classes and nationalities.

Equal pay for equal work for women, property rights, rights over one’s earnings, equal rights over one’s children, etc. were what filled the women’s rights movement. The ILO, founded in 1919, also recommended equal pay for both men and women. The legal approach and social welfare approach were thus both growing towards realigning women’s position in society. Fraser notes that tussles existed regarding protective measures based on maternity that further reinforced discrimination¹. Issues related to education, health, birth control and abortion, and employment discrimination were the focus.

The feminist movement enhanced the awareness and understanding of the growing landscape of women’s rights. More women got educated and entered heretofore male domains such as law, medicine, science, and sports. The year 1975 was also designated as the International Women’s Year. Additionally, on December 19, 1979, with the strong support of women NGOs and the increasing thrust on feminism, the UN General Assembly adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Issues like maternity leave, pregnancy-related health care, and affirmative action for women in education and employment, were discussed. It particularly highlighted violence against women hidden in the confines of the household; driven by guilt and embarrassment, and cushioned in many instances by culture and tradition². The outcome was a strong recognition of the concept of equality within the private sphere, namely the family.

The World Conference on Human Rights in Vienna in 1993, additionally emphasized internationally, issues on violence against women. The International Conference on Population and Development in Cairo, 1994, was followed by the Fourth World Conference on Women in Beijing in September 1995, which helped improve in significant ways, promote women’s sovereignty and unshackling patriarchy. The increasing feminisation of social and economic problems such as poverty, armed conflict, and health care; stereotyped images created by the media of women; and protection of basic human rights for women were discussed⁴.

Women and Their Unique Needs and Reproductive Rights:

The advancement of scientific technology and the industrial revolution, fuelled women’s emancipation. Employment outside the domestic confines became a possibility. Innovations in safe, effective, and legal means of birth control gave greater grit to women’s voices. It served well to thwart the thesis of biological determinism and highlighting only the reproductive capacity and the presumed greater maternal responsibilities. It also initiated discussions against issues of rape, especially war time rape, domestic violence, reproductive freedom, and the valuation of childcare and other domestic labor². Up until the twentieth century, disseminating birth control information and devices were banned in most of the countries. Bearing and nurturing children with forbearance and keeping the home with servitude was made to appear as the only way women could live in society. Birth control is critical to male female relationships as well as to the existence of society. Having a say over it meant a semblance of equality for women in their private lives. Many women succumbed to the perils of motherhood and associated issues besides venereal diseases. Birth control thus found its place in the UN agenda in 1960 but abortion continues to remain an elusive subject, with multiple viewpoints attached to it¹¹.

Reproductive Health Beyond Mere Maternity:

The law serves to protect and preserve the rights and dignity of those who inadvertently have been left out or affected adversely by majoritarian actions, policies, or practices. Reproductive health, which is very significant for women’s health, deserves to be protected by law. Its systemic neglect is being reflected in various societal practices, which permeate into the family, and back to society, as adverse consequences. Many times, however, these apparently protective legislations serve to obstruct health services¹².

Reproductive health is a very sensitive issue as it is associated with sexuality and morality. Cook notes that reproductive health pertains to whether sexuality can be enjoyed without the larger consequences of sexually transmitted diseases and unplanned or unwanted pregnancy¹². The primary challenge, however, remains being female. The immediate trigger maybe pregnancy resulting in maternal morbidities and even death. However, social and cultural practices too, undermine women and their health requirements. Right from the time she is conceived by her mother, she is deprived throughout the various developmental stages. Deficiencies in iron, vitamins, and calcium may be already entrenched. Pelvis contraction, obstructed labour, high levels of anaemia often result in maternal deaths¹³.

Adolescent pregnancy, maternal depletion of calcium, lack of spacing, heavy physical labour during the labour period, risks of childbearing after 35 years or later, multiparity, illegal abortions etc. are the range of risks a woman has to undergo. Legislations that seem to protect them by prescribing a younger age of eligibility to marry, can have the effect of implying that their biological functions are paramount compared to education and employment. Teenage pregnancies in extreme cases can have manifold complex health issues like vaginal leaking of urine or even faeces; and other such injuries to the urethra, bladder, or to the bowel. Vaginal infections may render them infertile too¹⁴. Despite such types of complications related with maternity, discussions and awareness pertaining to them remain confined only as intervention measures, but rarely as a preventive measure because the woman’s health is devalued always. While availing reproductive health services, women’s dignity is many times at stake. If detected with venereal diseases, or even worse, HIV, she is in a very vulnerable position to defend herself. Informed consent is often given a miss. Caesarean sections are performed without clear information being imparted about the probable consequences¹².

It is therefore to be recognized and accepted that reproductive health must necessarily imply that it is not only about sexuality and procreation. It is also equally about regulating fertility, enjoying one’s sexuality, absence of disease or disorders in the reproductive process, ensuring healthy survival and growth of the infant, and non-compromise of the mother’s health. These necessitate adequate sex and health counselling, prevent unintended pregnancies, protect, and treat any other sexual and reproductive issues that may occur. Sufficient clinical and epidemiological data corroborate how such precautionary measures listed above can change the entire dynamics of maternal mortality and morbidity, thus promoting reproductive health. The natural outcome is a healthy adult and a healthy society.

Feminist Thought and Reproductive Health:

Feminists have documented the unjust subordination and a hegemonic history of women. Many times, traditional aspects fail to highlight the legal aspects. The ban on abortion, different legal age at marriage for men and women, paid maternity leaves etc. are some of the instances. Feminist analysts seek to underline the negative effects of law on women's reproductive health and to increase the accountability. In poor households, women are always the last to have access to food. An inherent deprivation and discrimination can thus have telling effects on her overall health. The burden of contraceptive failure also taxes the woman squarely.

Divergent and restrictive abortion laws also worsen the gender dynamics. It imposes an unwanted pregnancy to be carried to full term as she has to juggle several social, moral, and legal responsibilities. Her personal choice is often never a consideration. Prenatal life maybe important but what of the life and the rights of the woman? Health and sex education is also in extreme shortfall as traditional societies like India shy away from such discussions. Easy access to contraception is also frowned upon as morality becomes a question.

The right to life and survival also remains a paradox. Whose life is vital? The prenatal life or that of the mother? These questions have not found easy answers. Meanwhile, death from pregnancy or labor are still not accorded sufficient social, legal, or medical significance. The social and economic inequalities that abound in society further complicate the concept of reproduction¹⁵. Feminists are opposed to such methodical ignorance of women’s lived realities. They argue that the risk to her life springs from her being female, a basic biological function she has to perform; and not because of her “medical condition” of pregnancy. She thus has equal rights to decide when is it opportune to marry and found a family, which goes beyond conception, gestation, and delivery. Even more significant is to decide the timing and spacing of childbearing so that it is not detrimental to her mental and physical health.

Gender Friendly National Health Policies:

It is necessary to imbibe gender perspectives in national health policies. Reproductive health services must encompass infertility services, contraception, abortion, and menopause as well because this completes the total reproductive health cycle. Special provisions must be made for women at high risk, such as adolescents and victims of violence like rape. Reproductive rights are hence a complex scenario, where sexuality and morality are so interwoven and they play out in an even more complex way, fueled by social customs and traditions in a patriarchal society. STDs, RTIs, and infertility affect women differently than men. In the absence of economic sustenance in many cases, most women undergo extreme compromises on their health. Society still looks at the maternal functions of women as the primary worth and responsibilities of women. Thus, feminists argue that legal provisions and health policies are also blinded and geared towards women’s biological functions chiefly.

They assert that the right to reproductive health and health care are imperative for a woman. Any aspect of reproductive health that poses a threat to a woman’s health must be safeguarded. Unwanted pregnancies, risks to abortion, and access to health care that can impinge upon her mental and bodily functions must be catered for. SDG 3 caters to such gender concerns to an extent. The benefits of science must percolate to include all aspects of women’s rights, with reproductive rights being a key concern. This must ensure that research on fertility control and enhancement do not jump over how those decisions and outcomes could affect women differently. Whether it is contraception or IVF, fair practices must ensure that the gender differentials are not ignored.

Gender policies have tended to veer more towards gender policing, where reproductive self-determination is undermined¹². Women however have begun to challenge how their biology has been manipulated to control them through the innate function of reproduction that they perforce perform. Sterilisation camps, for instance, focus more on controlling women’s reproductivity. Many aspects of life itself are governed by how and when motherhood affects the life of a woman. The cycle of life and of society itself is affected by reproductive health.

In the context of such complex perspectives surrounding the health of a woman and its larger dynamics, the accountability of Governments must be increased to advance reproductive health. There must be effective prohibition of all forms of discrimination against women. Legislations must ensure that do not become the carriers of further discrimination. Specific conventions and treaties must be passed and amended from time to time to promote and secure women’s rights. Issues like absence of toilets affect women differently as society questions only the modesty of women. Menstruation is another challenge as access to sanitary napkins and appropriate places to change them remains elusive, thus promoting a lack of hygiene. Hence, adequate gender budgeting is essential as access to clean water and sanitation are imperative for women.

The Way Forward:

Countries or geographies that work towards and display a high gender equality index must be highlighted as role models. The CEDAW can work towards greater accountability of nation-states in terms of women’s rights. Free or subsidized legal services to women must be provided. Human rights cannot be merely touted as universal without accepting how it affects men and women differently. Nations need to work towards greater inclusiveness by considering women’s unique biology and her equally unique needs. The private sphere must no more be consigned to something that must be out of the purview of the state as this is where the greatest issues on a woman’s body and her life unfolds. The right to reproductive self-determination is paramount. It has to be understood that human rights, reproductive health, and social and economic justice are indivisible. Reproductive health envelopes the very cycle of life and death and hence reproductive rights of the woman must be an inevitable and imperative concern at all levels of society.

CONFLICT OF INTEREST:

The author has no conflicts of interest regarding this investigation.

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Received on 04.09.2024 Revised on 05.10.2024

Accepted on 28.10.2024 Published on 18.12.2024

Available online on December 27, 2024

Int. J. of Reviews and Res. in Social Sci. 2024; 12(4):263-268.

DOI: 10.52711/2454-2687.2024.00044

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