X V. PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT (2022): EXPANDING REPRODUCTIVE RIGHTS BEYOND MARITAL STATUS

Read full text
Authors: Ashwina Venkatramanan
Cited by: 0

Abstract

The Supreme Court's decision in X v. Principal Secretary, Health & Family Welfare Department, Government of NCT of Delhi & Anr. marks a significant turning point in India's reproductive rights jurisprudence. Delivered on 29 September 2022, the judgment expanded access to abortion by making it clear that marital status cannot be used to deny termination of pregnancy between 20 and 24 weeks of gestation. Interpreting the Medical Termination of Pregnancy Act, 1971 ("MTP Act") and the Medical Termination of Pregnancy Rules, 2003 ("MTP Rules"), the Court firmly grounded reproductive choice in the constitutional guarantees of autonomy, bodily integrity, and equality under Articles 14 and 21. By adopting a purposive reading of the law, the Court brought abortion jurisprudence in line with both constitutional values and contemporary social realities.

Fields of Study & Subjects

International Human Rights and Reproductive Law Reproductive Health and Contraception Medical and Health Sciences Research

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
2 March 2026
Language
EN