Women and Healthcare in India: A Socio-Legal Analysis of the Contraceptive Burden on Women
Keywords:
Contraceptives, Women, Patriarchy, Medical Institutions, Family and Health
Abstract
Healthcare is an unending and integral part of everyone’s life- from birth to death. Sickness doesn't discriminate, but man does. Every patient expects a diagnosis from a doctor who they believe prescribes what is in their best interest. But, when the system is patriarchal, the institution it establishes, the education it imparts, and the treatment it provides are all tainted with gender, biased towards one and ignorant of the other. The present article uses MacKinnon’s Social Construction to dissect the evolution of contraceptive burden on women. It begins by understanding how the burden of contraception fell on women using theoretical evidence. The second part of the article focuses on the materialization of the patriarchal structure in education and family unit. From exclusion of women as test-subjects and women specific maladies to construction of “appropriate feminine behaviour”, patriarchy digs its roots deeper. The third part of the article explains how aptly social construction is successful in building a discourse that meets its purpose. The author concludes by suggesting a way to change the discourse and poison the roots of patriarchy. Thus, the present article discusses the how the burden of contraceptive care falls on women from a socio-legal perspective and suggests measures to change the status-quo.
References
The name ‘Chad’ stems from an incel community- 4chan, where it refers to stereotypical alpha-males, idolised as the “peak of masculinity”. It is used to refer to “arrogant, privileged man.” See Merriam-Webster, chad, CHAD Slang Meaning | Merriam-Webster (last visited June 28, 2025).
Inclusive research: Women left out of drug research, clinical trials, ET (Oct. 25, 2023) https://health.economictimes.indiatimes.com/news/industry/inclusive-research-women-left-out-of-drug-research-clinical-trials/104685037. (last visited Sept. 19, 2024)
Ibid.
Malacrida, C., & Boulton, T., Women’s Perceptions of Childbirth “Choices”: Competing Discourses of Motherhood, Sexuality, and Selflessness, 26(5), GENDER & SOCIETY, 748, 751-772 (2012).
Trivedi, D., Majumder, N., Bhatt, A., Pandya, M., & Chaudhari, S. P. (2021). Global research mapping on reproductive health: a bibliometric visualisation analysis. Global Knowledge, Memory and Communication, ahead-of-print(ahead-of-print). https://doi.org/10.1108/gkmc-08-2021-0131
Ibid.
Cohut M., The controversy of ‘female hysteria’, MEDICAL NEWS TODAY (Oct. 13, 2020) https://www.medicalnewstoday.com/articles/the-controversy-of-female-hysteria (last visited Sept. 21, 2024).
Such diagnosis resulted in forced hospitalizations for women, and was included in the “Diagnostic and Statistical Manual of Mental Disorders” in America till 1980, when it was finally removed.
Crystal Raypole, Gender Bias in Healthcare is very real- and Sometimes Fatal, HEALTHLINE (Jan. 20, 2022) https://www.healthline.com/health/gender-bias-healthcare (last visited Sept. 19, 2024).
Ibid.
Ibid.
Ibid.
AMY MULLIN, RECONCEIVING PREGNANCY AND CHILDCARE: ETHICS, EXPERIENCE, AND REPRODUCTIVE LABOUR 75-78 (Cambridge Univ. Press 2005).
Campo-Engelstein L., Contraceptive Justice: Why we need a Male Pill, 14 VIRTUAL MENTOR 146 (2012).
Campo-Engelstein L., Gender norms and Contraceptive Trust, 23 ALB. L.J. SCI & TECH. 581, 582-621 (2013).
MINISTRY OF HEALTH AND FAMILY WELFARE, IIPS, NATIONAL FAMILY HEALTH SURVEY (NFHS - 5), 2019–21, 157 (March 2022). https://dhsprogram.com/pubs/pdf/FR375/FR375.pdf (last visited Sept. 19, 2024) Though NFHS – 6 has been conducted, it is yet to be fully completed and published. Only the questionnaire of the survey is public, the statistics and data are yet to be published. See Nandlal Mishra and Pramit Bhattacharya, Understanding India's National Family Health Survey, DATA FOR INDIA (Jan. 30, 2025) https://www.dataforindia.com/nfhs-explainer/ (last visited June 29, 2025).
Ibid. at 158. The average age for sterilization is 25.7 years.
Supra note 13.
Ibid.
Ibid. at 162.
There are developments regarding male contraceptives which are under trials in the U.S., while in India RISUG an injectable contraceptive has passed clinical trials. See Rhythma Kaul, ICMR’s male contraceptive 99% effective: Report, HINDUSTAN TIMES (Nov. 06, 2023) https://www.hindustantimes.com/india-news/icmrs-male-contraceptive-99-effective-report-101699210844793.html (last visited Sept. 20, 2024).
Schrumpf, Leah A et al, Side effect concerns and their impact on women’s uptake of modern family planning methods in rural Ghana: a mixed methods study, 20 BMC WOMEN’S HEALTH, 57 (2020).
Supra note 13.
UNFPA India, Insights from a Changing India: The UNFPA India Storybook, 4 (Oct. 2024) https://india.unfpa.org/sites/default/files/pub-pdf/2025-03/Final%20UNFPA%20Report%20Feb%202025_for%20website.pdf (last visited Oct. 23, 2024).
Campo-Engelstein L., That Many of Us Should Not Parent, 21(4) HYPATIA, 40, 42-57 (2006).
Ibid.
Supra note 20.
Sengupta A., Clinical Trials in India: A Way towards Impoverishment, 11 NALSAR STUD. L. REV. 1 (2017).
Ibid. In U.S., Ambien a drug used for sleeping disorders was tested on male rats. It was approved and sold in the market. Later, when women complained of disorientation and there was a rise in road accidents, it was found that women required half of the prescribed dosage. See Crystal, supra note 8.
Crystal, supra note 8. However, the contrary needs to be pointed out where men’s symptoms which are more commonly seen in women are discounted. It takes more time to diagnose men with depression or hyperthyroidism as their symptoms are different for men or culturally not masculine.
Ibid.
Sex as a Biological Variable, NIH (Apr. 16, 2024) https://orwh.od.nih.gov/sex-gender/orwh-mission-area-sex-gender-in-research/nih-policy-on-sex-as-biological-variable#:~:text=Adequate%20consideration%20of%20both%20sexes,is%20disabled%20in%20your%20browser (last visited Oct. 23, 2024).
White, Jamie et al, The Integration of Sex and Gender Considerations into Biomedical Research: Lessons From International Funding Agencies, 106(10) THE JOURNAL OF CLINICAL ENDOCRINOLOGY AND METABOLISM 3034, 3037-3048 (2021).
Crystal, supra note 8.
The Surrogacy (Regulation) Act, 2021, The Medical Termination of Pregnancy (Amendment) Act, 2021, The Assisted Reproductive Technology (Regulation) Act, 2021 and, The Maternity Benefit (Amendment) Act, 2017.
Suchita Srivastava & Anr. v. Chandigarh Administration, (2009) 3 SCC (Civ.) 570.
Justice K S Puttaswamy v Union of India, (2017) 10 SCC 1.
Devika Biswas v. Union of India, (2016) 10 SCC 726.
Laxmi Mandal v. Deen Dayal Harinagar Hospital (2010) 172 DLT 9 (Del).
Supra note 37.
X4 v. State (NCT of Delhi), (2023) 14 SCC 615.
Ibid.
Supra note 37.
Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13, art. 2.
Ibid. at art. 12.
Ibid. at art. 5.
International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993 U.N.T.S. 3, art. 12.
Report on the International Conference on Population and Development, Programme of Action, U.N. Doc. A/CONF.171/13/Rev.1 (1995), Chp. VII.
Ibid.
Ibid.
Nancy J. Hirschmann, Freedom, Power and Agency in Feminist Legal Theory, in THE ASHGATE RESEARCH COMPANION TO FEMINIST LEGAL THEORY, 51 (Margaret Davies and Vanessa E. Munro eds., Ashgate Publishing 2013).
Ibid.
Ibid.
Ibid.
Inclusive research: Women left out of drug research, clinical trials, ET (Oct. 25, 2023) https://health.economictimes.indiatimes.com/news/industry/inclusive-research-women-left-out-of-drug-research-clinical-trials/104685037. (last visited Sept. 19, 2024)
Ibid.
Malacrida, C., & Boulton, T., Women’s Perceptions of Childbirth “Choices”: Competing Discourses of Motherhood, Sexuality, and Selflessness, 26(5), GENDER & SOCIETY, 748, 751-772 (2012).
Trivedi, D., Majumder, N., Bhatt, A., Pandya, M., & Chaudhari, S. P. (2021). Global research mapping on reproductive health: a bibliometric visualisation analysis. Global Knowledge, Memory and Communication, ahead-of-print(ahead-of-print). https://doi.org/10.1108/gkmc-08-2021-0131
Ibid.
Cohut M., The controversy of ‘female hysteria’, MEDICAL NEWS TODAY (Oct. 13, 2020) https://www.medicalnewstoday.com/articles/the-controversy-of-female-hysteria (last visited Sept. 21, 2024).
Such diagnosis resulted in forced hospitalizations for women, and was included in the “Diagnostic and Statistical Manual of Mental Disorders” in America till 1980, when it was finally removed.
Crystal Raypole, Gender Bias in Healthcare is very real- and Sometimes Fatal, HEALTHLINE (Jan. 20, 2022) https://www.healthline.com/health/gender-bias-healthcare (last visited Sept. 19, 2024).
Ibid.
Ibid.
Ibid.
AMY MULLIN, RECONCEIVING PREGNANCY AND CHILDCARE: ETHICS, EXPERIENCE, AND REPRODUCTIVE LABOUR 75-78 (Cambridge Univ. Press 2005).
Campo-Engelstein L., Contraceptive Justice: Why we need a Male Pill, 14 VIRTUAL MENTOR 146 (2012).
Campo-Engelstein L., Gender norms and Contraceptive Trust, 23 ALB. L.J. SCI & TECH. 581, 582-621 (2013).
MINISTRY OF HEALTH AND FAMILY WELFARE, IIPS, NATIONAL FAMILY HEALTH SURVEY (NFHS - 5), 2019–21, 157 (March 2022). https://dhsprogram.com/pubs/pdf/FR375/FR375.pdf (last visited Sept. 19, 2024) Though NFHS – 6 has been conducted, it is yet to be fully completed and published. Only the questionnaire of the survey is public, the statistics and data are yet to be published. See Nandlal Mishra and Pramit Bhattacharya, Understanding India's National Family Health Survey, DATA FOR INDIA (Jan. 30, 2025) https://www.dataforindia.com/nfhs-explainer/ (last visited June 29, 2025).
Ibid. at 158. The average age for sterilization is 25.7 years.
Supra note 13.
Ibid.
Ibid. at 162.
There are developments regarding male contraceptives which are under trials in the U.S., while in India RISUG an injectable contraceptive has passed clinical trials. See Rhythma Kaul, ICMR’s male contraceptive 99% effective: Report, HINDUSTAN TIMES (Nov. 06, 2023) https://www.hindustantimes.com/india-news/icmrs-male-contraceptive-99-effective-report-101699210844793.html (last visited Sept. 20, 2024).
Schrumpf, Leah A et al, Side effect concerns and their impact on women’s uptake of modern family planning methods in rural Ghana: a mixed methods study, 20 BMC WOMEN’S HEALTH, 57 (2020).
Supra note 13.
UNFPA India, Insights from a Changing India: The UNFPA India Storybook, 4 (Oct. 2024) https://india.unfpa.org/sites/default/files/pub-pdf/2025-03/Final%20UNFPA%20Report%20Feb%202025_for%20website.pdf (last visited Oct. 23, 2024).
Campo-Engelstein L., That Many of Us Should Not Parent, 21(4) HYPATIA, 40, 42-57 (2006).
Ibid.
Supra note 20.
Sengupta A., Clinical Trials in India: A Way towards Impoverishment, 11 NALSAR STUD. L. REV. 1 (2017).
Ibid. In U.S., Ambien a drug used for sleeping disorders was tested on male rats. It was approved and sold in the market. Later, when women complained of disorientation and there was a rise in road accidents, it was found that women required half of the prescribed dosage. See Crystal, supra note 8.
Crystal, supra note 8. However, the contrary needs to be pointed out where men’s symptoms which are more commonly seen in women are discounted. It takes more time to diagnose men with depression or hyperthyroidism as their symptoms are different for men or culturally not masculine.
Ibid.
Sex as a Biological Variable, NIH (Apr. 16, 2024) https://orwh.od.nih.gov/sex-gender/orwh-mission-area-sex-gender-in-research/nih-policy-on-sex-as-biological-variable#:~:text=Adequate%20consideration%20of%20both%20sexes,is%20disabled%20in%20your%20browser (last visited Oct. 23, 2024).
White, Jamie et al, The Integration of Sex and Gender Considerations into Biomedical Research: Lessons From International Funding Agencies, 106(10) THE JOURNAL OF CLINICAL ENDOCRINOLOGY AND METABOLISM 3034, 3037-3048 (2021).
Crystal, supra note 8.
The Surrogacy (Regulation) Act, 2021, The Medical Termination of Pregnancy (Amendment) Act, 2021, The Assisted Reproductive Technology (Regulation) Act, 2021 and, The Maternity Benefit (Amendment) Act, 2017.
Suchita Srivastava & Anr. v. Chandigarh Administration, (2009) 3 SCC (Civ.) 570.
Justice K S Puttaswamy v Union of India, (2017) 10 SCC 1.
Devika Biswas v. Union of India, (2016) 10 SCC 726.
Laxmi Mandal v. Deen Dayal Harinagar Hospital (2010) 172 DLT 9 (Del).
Supra note 37.
X4 v. State (NCT of Delhi), (2023) 14 SCC 615.
Ibid.
Supra note 37.
Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13, art. 2.
Ibid. at art. 12.
Ibid. at art. 5.
International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993 U.N.T.S. 3, art. 12.
Report on the International Conference on Population and Development, Programme of Action, U.N. Doc. A/CONF.171/13/Rev.1 (1995), Chp. VII.
Ibid.
Ibid.
Nancy J. Hirschmann, Freedom, Power and Agency in Feminist Legal Theory, in THE ASHGATE RESEARCH COMPANION TO FEMINIST LEGAL THEORY, 51 (Margaret Davies and Vanessa E. Munro eds., Ashgate Publishing 2013).
Ibid.
Ibid.
Ibid.
Published
2026-01-01
How to Cite
Telang, D. (2026). Women and Healthcare in India: A Socio-Legal Analysis of the Contraceptive Burden on Women. GLS Law Journal , 8(1), 28 - 40. https://doi.org/10.69974/glslawjournal.v8i1.197
Section
Articles
