Supreme Court: All Women Entitled To Safe & Legal Abortion, Distinction Between Married & Unmarried Women Unconstitutional

 Medical Termination of Pregnancy Act, 1971 - All women are entitled to safe and legal abortions (Para 56) - There is no rationale in excluding unmarried women from the ambit of Rule 3B of MTP Rules which mentions the categories of women who can seek abortion of pregnancy in the term 20-24 weeks. (Para 121)

Medical Termination of Pregnancy Rules, 2003 - Rule 3B (categories of women who can seek abortion of pregnancy of 20-24 weeks) - A narrow interpretation of Rule 3B, limited only to married women, would render the provision discriminatory towards unmarried women and violative of Article 14 of the Constitution. Prohibiting unmarried or single pregnant women (whose pregnancies are between twenty and twenty-four weeks) from accessing abortion while allowing married women to access them during the same period would fall foul of the spirit guiding Article 140 - Purposive interpretation given to Rule 3B to include unmarried women whose pregnancy arise out of consensual relationship. (Para 121)

Medical Termination of Pregnancy Act 1971 - Section 3(2)(b) - Termination of a pregnancy till twenty-four weeks of women if it causes risk of injury to the mental health – unwanted pregnancy can be construed as injury to mental health. (Para 62, 63, 64)

Marital Rape - Rape includes ‘marital rape’ for the purpose of MTP Rules - Rule 3B(a) -Survivors of sexual assault or rape or incest shall be considered eligible for termination of pregnancy up to twenty-four weeks – Supreme Court holds that meaning of rape must be understood as including marital rape, solely for the purposes of the MTP Act – Woman need not seek recourse to formal legal proceedings to prove sexual assault, rape or incest. (Para 70, 75, 76)

Medical Termination of Pregnancy Rules, 2003 - Rule 3B(b) - Rule 3B(b) includes minors within the category of women who may terminate their pregnancy up to twenty-four weeks – the RMP need not disclose the identity and other personal details of the minor in the information provided under Section 19(1) of the POCSO Act. (Para 81)

Medical Termination of Pregnancy Rules, 2003; Rule 3B(c) -Women going through a change of marital status during the ongoing pregnancy shall be considered eligible for termination of pregnancy – distinction between married and single women is not constitutionally sustainable – benefits in law extend equally to both single and married women. (Para 90, 92)

Marital Rape - Exception 2 to Section 375 of IPC - Exception 2 states that sexual intercourse by a man with his wife is not rape, unless she is below 15 years of age – Supreme Court leaves the constitutional validity of marital rape to be decided in appropriate proceedings but states that for the purpose of MTP Act, meaning of rape includes marital rape. (Para 74, 75, 115)

Protection of Children from Sexual Offences Act, 2012; Section 19(1) - When a minor approaches a Registered Medical Practitioner for a medical termination of pregnancy arising out of a consensual sexual activity, an RMP is obliged to provide information to concerned authorities – Supreme Court states that the RMP need not disclose the identity and other personal details of the minor in the information. (Para 79, 80, 81)

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION

 Civil Appeal No 5802 of 2022 (Arising out of SLP (C) No 12612 of 2022) 

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

DR. DHANANJAYA Y. CHANDRACHUD; J., A S BOPANNA; J., J.B. PARDIWALA; J. 

Author: Dr Dhananjaya Y Chandrachud, J

Dated: September 29, 2022 

Print Page

Important Judgments and articles on rights of woman

 

1) When Justice Takes Pause: The Shifting Landscape of Bail for Women, the Pregnant, and the Infirm Under India’s Criminal Laws

Part 2: Pregnant Women and Nursing Mothers—When Two Lives Are One

The Invisible Category

Neither Section 437 of the CrPC nor Section 480 of the BNSS explicitly mentions pregnant women or nursing mothers. Yet pregnancy may fall under two categories: “woman” and “sick or infirm.” This ambiguity has forced courts to venture beyond the statutory text and into constitutional territory.

The judicial approach has been transformative. Courts now treat pregnancy as a “super-category”—a condition that engages the rights of two distinct entities: the mother and the unborn child. Both are constitutionally protected; neither is justiciable as a criminal actor.

https://www.lawweb.in/2025/12/when-justice-takes-pause-shifting.html

Print Page

When Justice Takes Pause: The Shifting Landscape of Bail for Women, the Pregnant, and the Infirm Under India’s Criminal Laws

 Introduction: Beyond the General Rule

In most cases, bail is a contested battlefield. An accused charged with a serious offence—especially one punishable with death or life imprisonment—faces a formidable obstacle: the presumption against bail. Yet the Indian legal system has always harbored an exception to this rule. It acknowledges that certain categories of offenders present unique circumstances that justice must accommodate. This article examines how courts navigate the intersection of criminal procedure, constitutional protections, and human dignity when women, pregnant individuals, and the medically infirm come before them seeking release on bail.

Print Page

LLM Notes: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979

1. Introduction & Nature

·       Adoption: Adopted by the UN General Assembly on 18 December 1979 and entered into force in 1981.

·       Status: Often described as the "International Bill of Rights for Women," it is the principal international human rights treaty exclusively dedicated to gender equality.

·       Scope: It comprises a Preamble and 30 Articles structured into six parts, defining discrimination and setting an agenda for national action.

Print Page

LLM Notes: Women’s Basic Human Rights Under Indian Law and Supreme Court Judgments

 Introduction

Women’s rights constitute an integral component of the human rights framework under Indian law. The Indian Constitution, through its foundational provisions, establishes comprehensive protection for women’s fundamental rights while recognizing the need for substantive equality. Gender justice, in this context, emerges as a critical dimension of human rights protection, addressing systemic discrimination and ensuring that women can exercise their constitutional guarantees with dignity and autonomy. This answer explores the constitutional framework, statutory protections enacted by Parliament, landmark judicial pronouncements, and the intrinsic linkage between gender justice and human rights.

Part 1: Constitutional Framework for Women’s Rights

Equality and Non-Discrimination

Print Page

LLM Notes: Human rights of Women in India and its protection along with landmark judgments of Supreme Court

Protection of Women's Human Rights in India

 India has established a comprehensive legal framework aimed at protecting the human rights of women, addressing various forms of discrimination and violence. This framework is rooted in the Constitution and further reinforced by specific laws and policies designed to promote gender equality and safeguard women's rights.

Constitutional Provisions

1. Fundamental Rights

   - Article 14: Guarantees equality before the law and equal protection of the laws for all individuals, including women.

   - Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, empowering the state to make special provisions for women.

   - Article 16: Ensures equality of opportunity in matters of public employment.

Print Page

LLM Notes: Beyond Character: Supreme Court Safeguards Women’s Rights in Mardikar Case

 Even a woman of easy virtue is entitled to privacy and no one can invade her privacy as and when he likes. So also it is not open to any and every person to violate her person as and when he wishes. No one has a right to rape a woman, not even a woman of easy virtue.

Supreme Court of India

Overview of the Mardikar Case

The State of Maharashtra v. Madhukar Narayan Mardikar is a landmark Supreme Court case from 1991 that addressed police misconduct, the evidentiary value of a woman's testimony, and the right to privacy and dignity for women, regardless of their background.

Facts of the Case

• Madhukar Narayan Mardikar was a Police Inspector at Bhiwandi Town Police Station, Maharashtra, in November 1965.

• On November 13, 1965, Mardikar allegedly visited the hut of Banubi, the wife of Babu Sheikh, in uniform and demanded to have sexual intercourse with her. When she refused, he attempted to force himself on her. She resisted and raised a hue and cry, drawing the attention of her husband and neighbors.

Print Page

LLM Notes: Gender Justice and Human Rights: A Focus on Women's Rights in India{Part 2}

 Gender justice is intricately linked to human rights, as both concepts aim to ensure dignity, equality, and freedom for all individuals, regardless of gender. This connection is particularly evident in the context of women's rights in India, where legal frameworks and societal norms play crucial roles.

1. : Gender justice seeks to address inequalities and discrimination based on gender, which are fundamental human rights issues. Human rights provide a broad framework for protecting freedoms and rights, including the right to life, liberty, and security, and protection from discrimination.

Print Page

LLM Notes: Protection of Women's Human Rights in India{Part 1}

India has established a comprehensive legal framework aimed at protecting the human rights of women, addressing various forms of discrimination and violence. This framework is rooted in the Constitution and further reinforced by specific laws and policies designed to promote gender equality and safeguard women's rights.

Constitutional Provisions

1. Fundamental Rights

   - Article 14: Guarantees equality before the law and equal protection of the laws for all individuals, including women.

   - Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, empowering the state to make special provisions for women.

   - Article 16: Ensures equality of opportunity in matters of public employment.

Print Page

Discuss the constitutional provisions which promotes empowerment of women in India

 India's Constitution provides a robust framework for the empowerment of women through various provisions aimed at ensuring gender equality, protecting women’s rights, and promoting their participation in the socio-economic and political spheres. Here are the key constitutional provisions that promote the empowerment of women:

1. Equality Before the Law (Article 14)

• Article 14 guarantees equality before the law and equal protection of the laws to all persons within the territory of India. This ensures that women have the same legal rights as men and are treated equally under the law.

2. Prohibition of Discrimination (Article 15)

• Article 15(1) prohibits discrimination by the State against any citizen on grounds of religion, race, caste, sex, or place of birth. This directly addresses gender discrimination.
• Article 15(3) specifically allows the State to make special provisions for women and children, recognizing the need for affirmative action to address historical and social disadvantages faced by women.

Print Page