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2022 Supreme(SC) 621

D. Y. CHANDRACHUD, SURYA KANT, A. S. BOPANNA
X – Appellant
Versus
Principal Secretary Health and Family Welfare Department – Respondent


Advocates appeared:
For the Petitioner(s):Amit Mishra, Rahul Sharma, Advocates
For the Respondent(s):Aishwarya Bhati, ASG Deepabali Datta, Ketan Paul, Aman Sharma, B.L.N. Shibani, G.S. Makker, Advocates

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Issue notice.

2. Ms. Aishwarya Bhati, Additional Solicitor General, with Mr. G.S. Makker, AOR, accepts notice on behalf of the second respondent.

3. We have heard Dr. Amit Mishra, counsel appearing on behalf of the petitioner. We have requested Ms Aishwarya Bhati to assist the Court on the interpretative aspects of Section 3(2)(b) of the Medical Termination of Pregnancy Act 19711 [“MTP Act”] and Rule 3B of the Medical Termination of Pregnancy Rules 20032 [“MTP Rules”].

4. The petitioner is a permanent resident of Manipur and is stated to be currently residing in Delhi. The petitioner has averred that she was in a consensual relationship and, in the month of June 2022 she learnt that she was pregnant. On 5 July 2022, an ultrasound scan revealed a single intrauterine pregnancy of a term of twenty-two weeks. The petitioner decided to terminate the pregnancy; her relationship has failed. She has stated that she is the eldest amongst five siblings and her parents are agriculturists. The petitioner has stated that she holds a B.A. degree and in


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