2022 Supreme(SC) 621

SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, SURYA KANT, A.S. BOPANNA, JJ.
X – Petitioner
Versus
The Principal Secretary Health and Family Welfare Department – Respondent
Special Leave Petition (Civil) No. 12612 of 2022
Decided On : 21-07-2022

IMPORTANT POINT
Statute has recognized reproductive choice of a woman and her bodily integrity and autonomy – There is no basis to deny unmarried women right to medically terminate pregnancy when same choice is available to other categories of women.

Headnote:

(A) Medical Termination of Pregnancy Act, 1971 – Section 3(2)(b) – Medical Termination of Pregnancy Rules 2003 – Rule 3B(c) – Termination of pregnancy – Expression “change of marital status” should be given a purposive rather than a restrictive interpretation – Expressions “widowhood and divorce” need not be construed to be exhaustive of category which precedes it – Parliament by amending MTP Act through Act 8 of 2021 intended to include unmarried women and single women within ambit of Act – Parliamentary intent is clearly not to confine beneficial provisions of MTP Act only to a situation involving a matrimonial relationship – Statute has recognized reproductive choice of a woman and her bodily integrity and autonomy – Both these rights embody notion that a choice must inhere in a woman on whether or not to bear a child – In recognizing right legislature has not intended to make a distinction between a married and unmarried woman, in her ability to make a decision on whether or not to bear the child – These rights are in consonance with provisions of Article 21 of Constitution – Excluding unmarried women and single women from ambit of statute goes against the purpose of legislation – Petitioner submits that she was deserted by her partner at last stage in June 2022 causing her immense mental agony, trauma, and physical suffering – There is no basis to deny unmarried women right to medically terminate pregnancy when same choice is available to other categories of women – Allowing petitioner to suffer an unwanted pregnancy would be contrary to intent of law enacted by Parliament – Allowing petitioner to terminate her pregnancy, prima facie, falls within ambit of statute and petitioner should not be denied benefit on the ground that she is an unmarried woman – Delay in judicial process cannot work to her prejudice – In the event that Medical Board concludes that foetus can be aborted without danger to life of petitioner, a team of doctors at All India Institute of Medical Sciences shall carry out abortion. (Paras 14, 15, 16, 17, 18, 21 and 22)

(B) Interpretation of Statute – Fundamental principle of statutory interpretation is that words of a statute must be read in their entire context and in their grammatical and ordinary sense harmoniously with scheme of Act and intent of Legislature. (Para 15)

(C) Constitution of India – Article 21 – Right to personal liberty – A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of Constitution – She has a sacrosanct right to bodily integrity – Decision of a woman to procreate or abstain from procreating has been recognized as a facet of her right to lead a life with dignity and right to privacy under Article 21 of Constitution – Denying an unmarried woman right to a safe abortion violates her personal autonomy and freedom. (Paras 19 and 20)

Facts of the case:

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 5th July 2022, an ultrasound scan revealed a single intrauterine pregnancy of a term of twenty-two weeks. The petitioner decided to terminate 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 BA degree and, in the absence of a source of livelihood, she would be unable to raise and nurture a child. She moved a writ petition before the High Court of Delhi. Division Bench of the High Court, by an order dated 15th July 2022, issued notice restricted only to prayer C of the petition, in which the petitioner has sought a direction for the inclusion of an unmarried woman within the ambit of Rule 3B of the MTP Rules for the termination of pregnancy in terms of the provisions of clause (b) of sub-section (2) of Section 3 of the MTP Act.

Findings of Court:

In the event that the Medical Board concludes that the foetus can be aborted without danger to the life of the petitioner, a team of doctors at All India Institute of Medical Sciences shall carry out the abortion in terms of the request which has been made before the High Court and which has been reiterated both in the Special Leave Petition and in course of the submissions before this Court by counsel appearing on behalf of the petitioner. Before doing so the wishes of the petitioner shall be ascertained again and her written consent obtained after due verification of identity.

Result : Special Leave Petition listed for next hearing.