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Case Note: X Versus The Principal Secretary, Health And Family Welfare Department, Govt. Of NCT Of Delhi & ANR (2022)

Oct 8
1 min read



Janet John, Symbiosis Law School, Hyderabad


ABSTRACT


In the matter of X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi & Anr. (2022), the Supreme Court has deeply departed from the traditional marriage-oriented approach in understanding reproductive autonomy in this country. The case presented an important issue of whether the provision 3B of the Medical Termination of Pregnancy Rules, 2003 should deny unmarried women the right of extending the time limit for the abortion procedure. Through this paper, I will in detail analyse the purposive interpretation of the Medical Termination of Pregnancy Act, 1971 made by the Court using the constitutional rights of equality, dignity, privacy and personal liberty enshrined in Articles 14 and 21 of the Constitution. I will demonstrate how the Court managed to abolish the existing discriminatory distinction between married and unmarried women and broaden the meaning of mental health in order to apply it to the social, economic and psychological implications of an unwanted pregnancy. The article explores the Court’s acknowledgement of conjugal rape under Rule 3B and its consequences in terms of women's reproductive and bodily control. This research claims that the decision does not only expand the right to abortion but represents a constitutional refutation of the socio-political traditions making reproductive rights conditional upon marriage. Simultaneously, the judgment demonstrates restrictive nature of the MTP legal framework and indicates the necessity for unambiguous provisions in the law on such issues.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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