2022 Supreme(SC) 991

SUPREME COURT OF INDIA
DHANANJAYA Y CHANDRACHUD, A.S. BOPANNA, J.B. PARDIWALA, JJ.
X - Appellant
Versus
The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr. - Respondents
Civil Appeal No 5802 of 2022(Arising out of SLP (C) No 12612 of 2022)
Decided on : 29-09-2022

IMPORTANT POINTS
(1) A woman can become pregnant by choice irrespective of her marital status – It is woman alone who has right over her body and is ultimate decision-maker on question of whether she wants to undergo abortion.
(2) Meaning of rape must be understood as including marital rape, solely for the purposes of MTP Act and any rules and regulations framed thereunder.
(3) Live-in relationships and pre-marital sex should not be associated with lens of criminality – Societal reality indicates need to legally recognize non-traditional manifestations of familial relationships.
(4) Unmarried women have same rights as married women in terms of adoption, succession, and maternity benefits.
(5) A statutory text concerned with a significant aspect of the right to life and enhancing access to reproductive rights should be given widest construction.

Headnote:

(A) Medical Termination of Pregnancy Act, 1971 – Section 3(2) – Medical Termination of Pregnancy Rules, 2003 – Rule 3B(c) – Right to reproductive autonomy – Appellant is an unmarried woman aged about twenty-five years, and had become pregnant as a result of a consensual relationship and her partner had refused to marry her – Extra-legal requirements have no basis in law – It is only woman’s consent (or her guardian’s consent if she is a minor or mentally ill) which is material – Registered Medical Practitioners must refrain from imposing extra-legal conditions on women seeking to terminate their pregnancy in accordance with the law – They need only ensure that provisions of MTP Act (along with the accompanying rules and regulations) are complied with – An RMP’s decision to provide medical termination of a pregnancy is also influenced by social stigma surrounding unmarried women and pre-marital sex, gender stereotypes about women taking on mantle of motherhood, and role of women in society – Due to a widespread misconception that termination of pregnancies of unmarried women is illegal, a woman and her partner may resort to availing of abortions by unlicensed medical practitioners in facilities not adequately equipped for such medical procedures, leading to a heightened risk of complications and maternal mortality – Social stigma that women face for engaging in pre-marital sexual relations prevents them from realizing their right to reproductive health in a variety of ways – Social stigma surrounding single women who are pregnant is even greater and they often lack support from their family or partner – This leads to proliferation of persons not qualified / certified to practice medicine. (Paras 23, 26, 27, 28 and 29)

(B) Medical Termination of Pregnancy Act, 1971 – Section 3(2) – Medical Termination of Pregnancy Rules, 2003 – Rule 3B(c) – Right to reproductive autonomy – Transcending institution of marriage as a source of rights – Law in modern times is shedding the notion that marriage is a precondition to the rights of individuals – Law must remain cognizant of fact that changes in society have ushered in significant changes in family structures – Live-in relationships and pre-marital sex should not be associated with lens of criminality – Societal reality indicates need to legally recognize non-traditional manifestations of familial relationships – Such legal recognition is necessary to enable individuals in non-traditional family structures to avail of benefits under beneficial legislation, including MTP Act. (Paras 38, 41 and 43)

(C) Interpretation of Statute – Rule of Purposive Interpretation – Cardinal principle of construction of statutes is to identify intention of Legislature and true legal meaning of enactment – Intention of legislature is derived by considering meaning of words used in statute, with a view to understanding purpose or object of enactment, mischief, and its corresponding remedy that enactment is designed to actualise – Ordinarily, language used by legislature is indicative of legislative intent – First and primary rule of construction is that intention of Legislature must be found in words used by Legislature itself – But when words are capable of bearing two or more constructions, they should be construed in light of object and purpose of enactment – Purposive construction of provision must be illumined by goal, though guided by the word – Court’s power to purposively interpret a statutory text does not imply that a Judge can substitute legislative intent with their own individual notions – Alternative construction propounded by Judge must be within ambit of statute and should help carry out purpose and object of Act in question. (Para 31)

(D) Interpretation of Statute – Rule of Purposive Interpretation – Interpretation of a subordinate legislation should be consistent with enabling Act – A subordinate legislation must be reasonable and in consonance with legislative policy – It should be interpreted in a meaningful manner, so as to give effect to purpose and object of enabling Act – Interpretation which is in consonance with statutory scheme and gives effect to statute must be adopted – Progressive and beneficial legislation must be interpreted in favour of beneficiaries when it is possible to take two views of a legal provision – Changing social mores must be borne in mind when interpreting the provisions of an enactment to further its object and purpose – Statutes are considered to be always speaking – Law must not remain static and its interpretation should keep in mind changing social context and advance cause of social justice. (Paras 32, 36, 38 and 48)

(E) Medical Termination of Pregnancy Act, 1971 – Section 3(2) – Medical Termination of Pregnancy Rules, 2003 – Rule 3B(c) – Hindu Adoptions and Maintenance Act, 1956 – Section 8 – Guardians and Wards Act, 1890 – Sections 7 and 8 – Female rights – Unmarried women have same rights as married women in terms of adoption, succession, and maternity benefits – In evolution of law towards a gender equal society, interpretation of MTP Act and MTP Rules must consider social realities of today and not be restricted by societal norms of an age which has passed into archives of history – As society changes and evolves, so must our mores and conventions – A changed social context demands a readjustment of our laws – Being a beneficial legislation, provisions of MTP Rules and MTP Act must be imbued with a purposive construction – Interpretation accorded to provisions of MTP Act and MTP Rules must be in consonance with legislative purpose – After MTP Amendment Act 2021, scheme of MTP Act does not make distinction between married and unmarried women for the purpose of medical termination of pregnancies – Unsafe abortions are a leading but preventable cause of maternal mortality and morbidity – Married women may also form part of class of survivors of sexual assault or rape – A woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband – It is not inconceivable that married women become pregnant as a result of their husbands having “raped” them – Nature of sexual violence and contours of consent do not undergo a transformation when one decides to marry – Institution of marriage does not influence answer to question of whether a woman has consented to sexual relations – If woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors. (Paras 47, 48, 51, 58, 59, 71 and 73)

(F) Protection of Children from Sexual Offences Act, 2012 – Section 19 – Medical Termination of Pregnancy Rules, 2003 – Rule 3B(c) – Sexual assault/rape – Meaning of rape must be understood as including marital rape, solely for the purposes of MTP Act and any rules and regulations framed thereunder – In order to avail benefit of Rule 3B(a), woman need not necessarily seek recourse to formal legal proceedings to prove factum of sexual assault, rape or incest – There is no requirement that FIR must be registered or allegation of rape must be proved in a court of law or some other forum before it can be considered true for the purposes of MTP Act – Proscription contained in POCSO Act does not, in actuality, prevent adolescents from engaging in consensual sexual activity – When a minor approaches RMP for a medical termination of pregnancy arising out of a consensual sexual activity, RMP is obliged under Section 19(1) of POCSO Act to provide information pertaining to offence committed, to concerned authorities – If there is an insistence on disclosure of name of minor in report under Section 19(1) of POCSO, minors may be less likely to seek out RMPs for safe termination of their pregnancies under MTP Act – To ensure that benefit of Rule 3B(b) is extended to all women under 18 years of age who engage in consensual sexual activity, it is necessary to harmoniously read both POCSO Act and MTP Act – It is ultimately prerogative of each woman to evaluate her life and arrive at the best course of action, in view of changes to her material circumstances. (Paras 75, 76, 77, 78, 79, 80, 81 and 88)

(G) Medical Termination of Pregnancy Act, 1971 – Section 3(2) – Medical Termination of Pregnancy Rules, 2003 – Rule 3B(c) – Right to reproductive autonomy – Right to reproductive autonomy is closely linked with right to bodily Autonomy – Ambit of reproductive rights is not restricted to right of women to have or not have children – It also includes constellation of freedoms and entitlements that enable a woman to decide freely on all matters relating to her sexual and reproductive health – Reproductive rights include right to access education and information about contraception and sexual health, right to decide whether and what type of contraceptives to use, right to choose whether and when to have children, the right to choose number of children, right to access safe and legal abortions, and right to reproductive healthcare – Women must also have autonomy to make decisions concerning these rights, free from coercion or violence – Woman is often enmeshed in complex notions of family, community, religion, and caste – Such external societal factors affect way a woman exercises autonomy and control over her body, particularly in matters relating to reproductive decisions – Societal factors often find reinforcement by way of legal barriers restricting a woman’s right to access abortion – Decision to have or not to have an abortion is borne out of complicated life circumstances, which only woman can choose on her own terms without external interference or influence – Reproductive autonomy requires that every pregnant woman has intrinsic right to choose to undergo or not to undergo abortion without any consent or authorization from a third party – Mere description of side effects of a pregnancy cannot possibly do justice to visceral image of forcing a woman to continue with an unwanted pregnancy – Decision to carry pregnancy to its full term or terminate it is firmly rooted in right to bodily autonomy and decisional autonomy of pregnant woman. (Paras 96, 98, 99 and 100)

(H) Constitution of India – Articles 21 and 47 – Article 12 of UN Committee on Elimination of Discrimination Against Women read with Article 12 of Committee on Economic, Social and Cultural Rights – Right to personal liberty – Decisional autonomy is an integral part of the right to privacy – Right of women to make reproductive choices is a dimension of personal liberty under Article 21 – Right to reproductive choice also includes right not to procreate – Right to privacy safeguards and respects decisional autonomy of individual to exercise intimate personal choices and control over vital aspects of their body and life – Right to decisional autonomy also means that women may choose course of their lives – Besides physical consequences, unwanted pregnancies which women are forced to carry to term may have cascading effects for rest of her life by interrupting her education, her career, or affecting her mental well-being – A woman can become pregnant by choice irrespective of her marital status – In case pregnancy is wanted, it is equally shared by both partners – However, in case of an unwanted or incidental pregnancy, burden invariably falls on pregnant woman affecting her mental and physical health – Article 21 of Constitution recognizes and protects right of a woman to undergo termination of pregnancy if her mental or physical health is at stake – It is woman alone who has right over her body and is ultimate decision-maker on question of whether she wants to undergo abortion – Reproductive rights of women must be harmonised in light of principles laid down under Constitution as well as principles of international law codified in various international conventions ratified by India. (Paras 104, 105, 106, 108 and 128)

Facts of the case:

Instant appeal arises out of the judgment of a Division Bench of the High Court of Delhi dated 15 July 2022. The appellant invoked the writ jurisdiction of High Court seeking its permission to terminate her pregnancy before completion of twenty-four weeks on 15 July 2022. Other ancillary reliefs were sought.

Findings of Court:

State must ensure that information regarding reproduction and safe sexual practices is disseminated to all parts of the population. Further, it must see to it that all segments of society are able to access contraceptives to avoid unintended pregnancies and plan their families. Medical facilities and RMPs must be present in each district and must be affordable to all. The government must ensure that RMPs treat all patients equally and sensitively. Treatment must not be denied on the basis of one’s caste or due to other social or economic factors. It is only when these recommendations become a reality that we can say that the right to bodily autonomy and the right to dignity are capable of being realized.

Nothing in this judgment must be construed as diluting provisions of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994.

Result : Appeal disposed of with observation and directions.