In the judgment of X v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi (2022 INSC 740) the Supreme Court of India ruled that unmarried women are entitled to seek abortions within 24 weeks of pregnancy under Rule 3B of the Medical Termination of Pregnancy Rules, 2003. The case arose when a 25-year-old unmarried woman, abandoned by her partner, sought to terminate her 22-week pregnancy. The Delhi High Court had denied her relief, interpreting Rule 3B(c)—which permits abortions for women facing a change in marital status as limited to married women.
Overruling the High Court’s decision, the Supreme Court held that restricting Rule 3B to only married women was discriminatory and violated the right to equality and personal liberty under Article 21 of the Constitution. The Court emphasized that amendments to the MTP Act in 2021 replaced “married woman” with “any woman,” broadening the scope to include unmarried women. Justice Chandrachud, delivering the judgment, reaffirmed reproductive autonomy as a fundamental right and declared that all women, irrespective of marital status, must have equal access to safe abortion services within the legal framework.
