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Civil · Reportable judgment

X vs The Principal Secretary Health and Family Welfare Department & Anr.

Court
Supreme Court of India
Date
21 July 2022
Case No.
Special Leave Petition (Civil) No. 12612 of 2022
Bench
D.Y. Chandrachud, Surya Kant, A.S. Bopanna
Citation
[2022] 12 S.C.R. 246 : 2022 INSC 740
Supreme Court Reports [2022] 12 S.C.R. 246 : 2022 INSC 740
Headnote

Medical Termination of Pregnancy Act 1971 – s. 3(2)(b), Rule 3B – Medical Termination of Pregnancy Rules 2003 – Termination of pregnancy of an unmarried woman – Petitioner was in a consensual relationship and in month of June 2022 she learnt that she was pregnant (22 weeks) – Petitioner stated that in absence of source of livelihood, she would be unable to nurture a child – Petitioner deserted by her partner – She decided to terminate the pregnancy – Writ petition before the High Court – High Court declined to grant relief – On appeal, held: Letting the petitioner suffer from an unwanted pregnancy would be contrary to the intent of law – Petitioner should not be denied the benefit of MTP Act on the ground that she is unmarried 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 especially through the provisions of Explanation 1 to s.3 of the MTP Act – Ad Interim order to carry out abortion safely was passed – Ad interim direction of High Court stands modified. Suchita Srivastava v. Chandigarh Administration (2009)

9 SCC 1 : [2009] 13 SCR 989; Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors. (2017) 10 SCC 1 : [2017] 10 SCR 569, (2016) SCC OnLine Bom 8426; S Khusboo v. Kanniammal (2010) 5 SCC 600 : [2010] 5 SCR 322 – relied on.

High Court on its Own Motion v. State of Maharashtra 2017 Cri LJ 218 (Bom HC) – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by DR DHANANJAYA Y CHANDRACHUD, J. 1. Issue notice. 2. Ms Aishwarya Bhati, Additional Solicitor General, with Mr G S Makker, AOR, accepts notice on behalf of the second respondent. 3. We have heard Dr Amit Mishra, counsel appearing on behalf of the petitioner. We have requested Ms Aishwarya Bhati to assist the Court on the interpretative aspects of Section 3(2)(b) of the Medical Termination of Pregnancy Act 19711 and Rule 3B of the Medical Termination of Pregnancy Rules 20032. 4. The petitioner is a permanent resident of Manipur and is stated to be
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