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Supreme Court of India 2022-09-29 allowed

X vs The Principal Secretary,

Bench: 3 — Dhananjaya Y Chandrachud, A S Bopanna, J B Pardiwala

In Brief

An unmarried woman aged 25, pregnant at 22 weeks via consensual relationship, sought permission to abort due to her partner's refusal to marry and fear of social stigma as an unwed mother. The Delhi High Court rejected her plea, holding that Rule 3B of the Medical Termination of Pregnancy Rules 2003 excluded unmarried women. The Supreme Court allowed her appeal, interpreting Rule 3B purposively to include unmarried and single women. The Court held that the MTP Act, being beneficial legislation for women's reproductive autonomy, must be read liberally; that marriage is no longer a precondition for fundamental rights; that unmarried women face equal injury to mental health from unwanted pregnancies; and that the 2021 Amendment extended benefits to all women irrespective of marital status. The appellant's pregnancy was subsequently terminated safely at AIIMS. The Court emphasized women's reproductive autonomy, bodily integrity, dignity, and the state's positive obligations to ensure safe abortion access.

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Reproductive Rights Medical Termination of Pregnancy Unmarried Women Gender Equality Constitutional Interpretation Right to Dignity Bodily Autonomy Mental Health

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