X vs. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr.

Civil Appeal · 2022 INSC 1035Decided 29 Sept 2022
Civil Appeal No. 5802 of 2022
Dr. Dhananjaya Y. Chandrachud · A.S. Bopanna · J.B. Pardiwala

Background

The appellant, a 25-year-old unmarried woman, became pregnant through a consensual relationship, but her partner refused to marry her. Nearing 22-24 weeks of pregnancy, she sought the Delhi High Court's permission to terminate it, arguing that continuing an unwanted pregnancy would cause serious mental-health injury and that she was unprepared to raise a child alone. The High Court refused interim relief, holding that Rule 3B of the MTP Rules, which lists categories of women eligible for termination between 20-24 weeks, covered only specific categories (like survivors of sexual assault, minors, or women whose marital status changed during pregnancy), and did not extend to an unmarried woman whose pregnancy arose from a consensual relationship. She appealed to the Supreme Court, which on 21 July 2022 passed an ad interim order allowing an AIIMS Medical Board to assess her, and the termination was safely carried out; the Court then went on to decide the larger legal question of interpretation, treating the case as having significant precedential value and transferring the underlying writ petition to itself.

Decision Breakdown

The Supreme Court held that Rule 3B must be interpreted purposively, and that denying unmarried women the same right to a safe abortion (up to 24 weeks) available to married women, purely because they are unmarried, would violate Article 14 (equality) since there is no rational basis to distinguish between married and unmarried women in this context: pregnancy outside marriage causes the same physical and mental toll regardless of marital status. The Court held that "change of marital status" language in Rule 3B(c) must be read to include women whose relationship status changed (e.g., separation, widowhood) as well as unmarried women facing an unwanted pregnancy from a consensual relationship, and clarified that the reference to a woman's "partner" (not "husband") in the Act's Explanation 1 to Section 3(2)(b) already reflected a legislative intent not to restrict access based on marital status. The Court also grounded its interpretation in the constitutional rights to reproductive autonomy, privacy, and dignity, and in India's international law obligations. It clarified this ruling does not touch the separate law prohibiting sex-selective abortion (PC-PNDT Act). The appeal was allowed/disposed of, effectively reading Rule 3B to cover unmarried women on the same footing as married women for pregnancies up to 24 weeks.

Lesson Learnt

A woman's right to access safe and legal abortion up to 24 weeks under the MTP Rules does not depend on her marital status, denying unmarried women the same access available to married women is unconstitutional discrimination, and reproductive autonomy is a facet of the constitutional rights to privacy, dignity and equality available to every pregnant woman regardless of her relationship status.

Constitutional LawSupreme Court of India

Federation of Medical and Sales Representatives Associations of India & Ors. v. Union of India & Ors.

This is an interim order, not a final judgment. The Court recorded the Union of India's proposal to set up a fresh three-member Committee to examine the issue and recommend a regulatory or statutory framework. It directed the Union to constitute the Committee within two weeks, directed the Committee to consult the petitioners, intervenors and other stakeholders and report within two months of its first meeting, and asked the Union to file a compliance affidavit. Citing the separation of powers, the Court declined to decide for itself whether the Code should become law, and listed the matter on 29 January 2027.

Decided 8 Oct 2026Read case
Constitutional LawDelhi High Court

Sirajuddin Qureshi & Ors. vs. Union of India & Ors.

The Court held that a bank's fear that the petitioners might flee, or its unresolved financial claim, cannot by itself justify keeping an LOC alive indefinitely, especially where the petitioners' bail conditions impose no travel curbs and their track record shows no misuse. It quashed the LOCs issued at the banks' instance, while leaving the LOCs issued at CBI's instance to be addressed through an application before the trial court (since those criminal proceedings are still pending there).

Decided 7 Oct 2026Read case
Constitutional LawDelhi High Court

Lawyers Voice vs. Union of India & Ors. and connected matters

The Court dismissed the entire batch, holding that no exceptional circumstance justified registering further FIRs, setting up an independent investigative mechanism, ordering wholesale further investigation into police conduct, issuing blanket evidence-preservation directions, or granting further compensation or rehabilitation directions. It noted that more than six years had passed since the riots, that compensation had largely been disbursed, and that statutory remedies remained available to victims. The Court made clear this was without prejudice to any individual's right to pursue remedies in law, and dismissed the petitions with no order as to costs.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Shayaan Mujeeb vs. State & Ors. and connected matters

The Court dismissed the entire batch of petitions after finding that the allegations about the December 2019 events had already been examined by a competent statutory body and were being investigated under the ordinary criminal law, with related proceedings pending before competent courts. The Court held there was no ground for an independent inquiry mechanism, transfer of investigation, registration of new criminal cases, award of compensation, fresh guidelines, or further consequential directions. It also held that Article 226 of the Constitution is meant for enforcing enforceable legal rights, not for open-ended directions. The petitions were dismissed with no order as to costs, and any individual may still pursue remedies available in law.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Pushpendra Singh Parmar vs. President/Vice President/General Secretary, ICSI

The Court held that the dispute was, at its core, a personal grievance between the petitioner and a private company (UC Web Mobile Pvt. Ltd.), not a matter properly brought before the Court under Article 226's extraordinary writ jurisdiction. It held that Article 226 is not meant to be a forum for airing personal disputes or pursuing a private adversary merely because a representation went unanswered. The petition was dismissed, with liberty given to the petitioner to pursue appropriate legal remedies directly against the company.

Decided 29 Sept 2026Read case
Constitutional LawDelhi High Court

Glenmark Pharmaceuticals Limited & Anr. vs. Union of India & Ors.

Relying on its own 2025 ruling on a near-identical earlier notification concerning the same drug combination, the Court held that since the notification used the word "shall" without any express provision for retrospective effect, and took effect only upon Gazette publication, it operates prospectively from 18.08.2026 and cannot be applied to stock manufactured earlier. The Court disposed of the petition on terms: Glenmark must label all stock made after 18.08.2026, publish clear public notices in one English and one Hindi national newspaper and issue advisories to doctors, chemists and retailers within two weeks, and file an affidavit detailing pre-notification stock within four weeks, subject to which no coercive recall action under Section 28B would be taken against it.

Decided 18 Sept 2026Read case