NDLI: X Vs. The Principal Secretary, Health and Family Welfare Department, Govt. of Nct of Delhi & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2021) – s. 3(2)(b) – Medical Termination of Pregnancy Rules 2003 (Amended by Medical Termination of Pregnancy (Amendment) Rules 2021) – Rule 3B – Constitution of India – Article 14 Medical Termination of Pregnancy Act 1971(Amended by the Medical Termination of Pregnancy (Amendment) Act 21
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 Referred Case 31 Referred Case 32 Referred Case 33 Referred Case 34 Referred Case 35 Referred Case 36 Referred Case 37 Referred Case 38 Referred Case 39 Referred Case 40 Referred Case 41
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Medical Termination of Pregnancy Act 1971(Amended by the Medical Termination of Pregnancy (Amendment) Act,2021) – s. 3(2)(b) – Medical Termination of Pregnancy Rules,2003 (Amended by Medical Termination of Pregnancy (Amendment) Rules, 2021) – Rule 3B – Constitution of India – Article 14, 21 – The Interpretation of Rule 3B of the MTP Rules – Unmarried or single women fall within the ambit of Rule 3B – Purpose and object – Right to reproductive autonomy – Right to dignity – Appellant instituted a writ petition before the High Court and submitted that appellant was in a consensual relationship and had become pregnant – As her partner had refused to marry her and in absence of source of livelihood, she would be unable to nurture a child as an unmarried mother – Appellant also instituted a Criminal Miscellaneous Application for grant of interim relief to terminate her pregnancy during the pendency of the Writ Petition – High Court declined to grant relief sought and observed that Section 3(2)(b) of the MTP Act was inapplicable and since the appellant, being an unmarried woman, was not covered by any of the sub-clauses of Rule 3B of the MTP Rules – Appeal was filed before the Supreme Court against the order of High Court and Supreme Court by ad interim order modified the order of the High court and permitted the appellant to terminate her pregnancy – As the case involved substantial question of law the writ petition before the High Court was transferred to Supreme Court – The issue involved is the interpretation of Rule 3B of the MTP Rules – Held: In s.3 of the MTP Amendment Act the words used are “Any women or her partner”, by eliminating the words (which existed before the amendment) “married women or her husband” the legislature intended to clarify the scope of s.3 – Further held, the meaning of the words “sexual assault” or “rape” in Rule 3B(a) includes a husband’s act of sexual assault or rape (Marital rape) committed on his wife but solely for the purposes of the MTP Act – Unmarried women have right to access safe and legal abortions between twenty and twenty-four weeks, if they face a change in their material circumstances, similar to married women – Distinction between married and unmarried women does not bear nexus to the basic purpose and object which is sought to be achieved by parliament – In view of the object, there is no rationale for excluding unmarried or single women (who face a change in their material circumstances) from the ambit of Rule 3B.Medical Termination of Pregnancy Act 1971(Amended by the Medical Termination of Pregnancy (Amendment) Act,2021 ) – Object and purpose – Discussed. Medical Termination of Pregnancy Act 1971(Amended by the Medical Termination of Pregnancy (Amendment) Act,2021 ) – Object and purpose – Discussed. Medical Termination of Pregnancy Rules,2003 (Amended by Medical Termination of Pregnancy (Amendment) Rules, 2021) – Rule 3B – Purposive Interpretation of.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 740
Petitioner	X
Respondent	The Principal Secretary, Health And Family Welfare Department, Govt. Of Nct Of Delhi & Anr
SCR	[2022] 7 S.C.R. 686
Judgement Date	2022-09-29
Case Number	5802

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