VIOLENCE AGAINST WOMEN | HEALTH | ASIA | CULTURE
The Politics of Contraception, Consent and Women’s Autonomy in India
WORDS BY MUDITHA RUPAVATH | M.RUPAVA@THEIWI.ORG | 31 OCTOBER 2024
India's contemplation to prohibit the sale of emergency contraceptive pills over-the-counter and the ongoing debates on the recognition of marital rape indicate an underlying issue regarding the control over women's lives within a capitalist and patriarchal system. Both problems highlight the encroachment of the state and society on women’s autonomy by encapsulating the control of their bodies which becomes a focal point for regulating personal freedom, healthcare accessibility and sexual rights. This control is often legally and morally sanctioned, and upholds capitalism and patriarchy which are fundamentally built on class and gender oppression.
Emergency contraceptives are a crucial tool that allow women to prevent unwanted pregnancies, providing a safety net when regular contraceptive methods fail. Limiting their availability to prescription-only policies however would be a major setback to most women’s access to this healthcare, particularly for women belonging to the working class who may lack time and resources to see a doctor. For many women, the extra costs associated with obtaining a prescription in terms of time, money, and mobility create barriers that disproportionately impact their ability to control their reproductive health.
The refusal to recognise marital rape as a crime, on the other hand, reinforces the notion that once a woman enters marriage, her right to consent is restricted if not completely taken away. This perspective actively perpetuates the patriarchal belief that a woman's sexuality is the property of her husband, denying her bodily autonomy and reaffirming her subjugation within the institution of marriage. By refusing to uphold women's right to say "no" in marriage, the state validates a form of violence that is strongly founded on dominance over women's bodies, exacerbating gender inequality.
The Marxist perspective necessitates that these problems be viewed in the larger context of capitalism's reliance on women's underpaid and undervalued labour, especially in the realm of social reproduction. Patriarchy and capitalism are intertwined systems that ensure women's main duties stay limited to providing care to others as well as carrying out reproductive obligations, thereby ensuring a labour reserve that capital may utilise as needed. This system promotes a status quo that serves capital and male dominance by keeping women economically dependent and restricting their social involvement.
By requiring a prescription for emergency contraceptives, the state turns a vital healthcare service into a commodity accessible only to those who can afford it.. While this might not seem like much to women from higher socioeconomic strata, for those from lower socioeconomic backgrounds, it could be the difference between being compelled into parenthood and having the option to prevent getting pregnant. Reproductive health commercialisation is a reflection of a larger capitalist logic that views healthcare as a privilege rather than a right. These limitations can have a profound impact on the lives of working-class women, who might not have access to private healthcare, steady jobs, or financial resources. They can also limit their capacity to achieve social and economic independence and trap them in cycles of poverty.
Similarly, the refusal to criminalize marital rape serves to uphold a system where women’s labor and sexuality are controlled within the confines of marriage, reinforcing their economic and social dependency on men. The absence of legal protection also diminishes the agency of women in abusive marriages, making it more challenging for them to escape relationships where they are subjected to both economic coercion and sexual assaults. This is particularly true for working-class women, who might not have the resources or social ties to leave such marriages. The state's refusal to intervene not only supports a larger system of exploitation in which women's unpaid domestic labour is crucial to the reproduction of labour power, but it also legitimises the control of women's bodies within marriages.
Both the restriction on emergency contraception and the stance on marital rape are part of a larger strategy to control women’s reproductive and sexual rights, ensuring that women remain confined to their roles as mothers and caregivers. This serves the interests of capitalism by maintaining a cheap and expendable labour force. When women are denied control over their reproductive choices, they are more likely to have children, which reinforces their economic dependency and limits their mobility in the labour market. This dynamic ensures that women’s labour whether in the home or in the workplace remains undervalued and easily exploited.
The commodification of women’s health and the legal subordination of their bodies in marriage are mechanisms through which capitalism maintains its gendered division of labour. Ultimately, these policies ensure that women remain in positions of dependency and subordination, making it difficult for them to challenge the economic and social conditions of their exploitation.