X vs Union of India - 2023 Supreme(SC) 1045

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1045

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
X – Appellant
Versus
Union of India – Respondent

Advocates appeared:
For the Petitioner(s): Dr. Amit Mishra, Adv. Mr. Rahul Sharma, AOR Mrs. Uzma Ashraf, Adv.
For the Respondent(s): Ms. Aishwarya Bhati, ASG Mr. Gurmeet Singh Makker, AOR Ms. Rukhmini Bobde, Adv. Ms. Sthavi Asthana, Adv. Abhijeet Singh, Adv. Ms. Ameyavikrama Thanvi, Adv. Ms. Poornima Singh, Adv. Ms. Manisha Chava, Adv. Ms. B.L.N. Shivani, Adv. Ms. Shagun Thakur, Adv. Ms. Chitrangda Rastravara, Adv. Mr. Rustam Singh Chauhan, Adv. Mr. Nithin Chowdhary Pavuluri, Adv. Ms. Anupriya Srivastava, Adv. Ms. Shivika Mehra, Adv. Mr. Ketan Paul, Adv. Mr. Ashwin Joseph, Adv. Mr. Pratham Sagar, Adv. Ms. Anuradha Arputham, Adv. Mr. Anirudh Singh, Adv. Mr. Manvendra Singh, Adv. Ms. Shreya Jain, Adv.

JUDGMENT :

Dhananjaya Y. Chandrachud, CJI.

Table of Contents
A. Facts and procedural history
B. The medical termination of pregnancies
C. Analysis
	i. The jurisdiction of this Court to hear this case
	ii. Decision on the prayer

A. Facts and procedural history

1. The Registry is directed to anonymize the name of the petitioner in this judgment, all orders that have been passed as well as in the records which are publicly available.

2. The petitioner is a married woman of twenty-seven years. She and her husband have two children, the younger of which is about one year old. She filed the petition under Article 32 for directions to the respondents to permit a medical termination of her ongoing pregnancy. The petitioner states that she did not discover that she was pregnant until after twenty weeks of the pregnancy had elapsed because she had lactational amenorrhea. As a result of lactational amenorrhea, women who are breastfeeding do not menstruate. She therefore did not realize that the absence of menstruation was indicative of pregnancy. The pe

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2023 Supreme(SC) 1045

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRAX – AppellantVersusUnion of India – Respondent

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
X – Appellant
Versus
Union of India – Respondent