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Case Analysis: X V. The Principal Secretary, Health And Family Welfare Department, Govt. Of NCT Of Delhi And Ors. (2022)


Ragini Pandit, Bharati Vidyapeeth (Deemed to Be University) New Law College, Pune


ABSTRACT


The Supreme Court, in X v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Ors., examined the case of an unmarried woman seeking termination of her pregnancy beyond 20 weeks of gestation. The justices analyzed the Medical Termination of Pregnancy (MTP) Act, 1971, along with the MTP Rules, 2003, to determine the legal scope of reproductive rights. The petitioner argued that the exclusion of unmarried women from the benefits of Section 3(2)(b) and Rule 3B(c) violated Articles 14 and 21 of the Indian Constitution. The Court adopted a purposive interpretation, affirming that reproductive autonomy is a fundamental right. This analysis explores the legal reasoning, judicial precedents, and the broader implications of the ruling on reproductive rights in India.


Keywords: Medical termination of Pregnancy, Constitutional Law, Article 14, Article 21.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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