CASE COMMENTARY ON X v. PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT 2022 (2022) 14 SCC 1

INTRODUCTION The medical procedure of termination of pregnancy in India is governed through the Medical Termination of Pregnancy (MTP) Act, which was originally formulated in 1971 and last amended in 2021. It was formulated with the aim of providing protection cover to unmarried women, whereas the original act only covered married women. This case was adjudged by the learned corum consisting of Justice D. Y. Chandrachud, A.S. Bopanna, and J.B. Pardiwala, JJ. The final judgment was duly delivered on the 29th of September, 2022. This case is often celebrated because of the judges’ avant-garde, transformative, and liberal interpretation, which allowed a broader elucidation of Rule 3B of the MTP Rules, 2003, which now also includes unmarried women and victims of marital rapes, all cases where pregnancy is a consequence of non- consensual sexual intercourse. While the judgment indeed marks a quite progressive stance in the judiciary’s eyes, it lacks serious loopholes, which need clarification and could eventually erode the positive effect of the judgment.