Case commentary – X Vs. THE PRINCIPLE SECRETARY OF HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF NCT, DELHI [APPEAL NO : 5802 of 2022]

AUTHOR – K.INDHUMATHI, Student at Government law college Madurai.

Best Citation – K.INDHUMATHI, Case commentary – X Vs. THE PRINCIPLE SECRETARY OF HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF NCT, DELHI [APPEAL NO : 5802 of 2022], Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 697-700, ISSN – 2583-2344.

Abstract

Medical termination of pregnancy Act,1971 & amendment Act,2021 and Medical termination of pregnancy rules 2003 were enacted to regulate the unsafe abortions and to legalize the abortion in certain cases. It provides some criteria who were eligible to legal and safe abortion for women. Medical termination of pregnancy act does not include the unmarried women. It  only includes the married woman, divorced wife, minor and widow. In this case the Supreme Court held that section 3(2)(d) of the Medical termination of pregnancy act, 1971 also include married and unmarried woman and also held that unmarried women are entitled to abortion within 20 to 24 weeks. This verdict  recognise  the  right to equality , right to privacy and right to reproductive choice  of the women. This judgement is a landmark judgement in Indian legal history.

Key words : Unmarried woman – Abortion – Reproductive choice – Pregnancy – Medical termination