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10 TH SEM INTERNAL MOOT COURT,SLS, 2024

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BEFORE THE HON’BLE

SUPREME COURT OF INDIA

SPECIAL LEAVE PETITION (CIVIL) NO.12612/2022

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IN THE MATTER OF :
X …… APPELLANT
VERSUS
Principal Secretary Health
& Family Welfare, Govt.NTC Delhi ...… RESPONDENT

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UPON THE SUBMISSION TO THE HON’BLE JUDGES OF THE

MOOT COURT

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MEMORANDUM ON BEHALF OF PETITIONER

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Submitted by,

SREENANDHA SR
10 TH SEM

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CONTENTS

LIST OF ABBREVIATIONS - 3

INDEX OF AUTHORITIES - 4

STATEMENT OF JURISDICTION - 5

STATEMENT OF FACTS - 5

SUMMARY OF ARGUMENTS - 6

ARGUMENTS ADVANCED - 7-10

PRAYER - 11

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LIST OF ABBREVIATION

Art. Article

CrPC Code of criminal procedure

Hon’ble Honourable

MTPA Medical Termination Of

Pregnancy Act

Special Leave Petition

SLP

S. Section

Sec Section

U/s Under section

CASE LAWS:

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➢ K.S Puttaswamy (Retd.) and anr v/s Union Of India (2017)

CONSTITUTIONAL PROVISIONS:

ARTICLE 14

ARTICLE 15

ARTICLE 21

STATUTES & RULES

➢ INDIAN CONSTITUTION, 1950

➢ MEDICAL TERMINATION OF PREGNANCY ACT, 1971
➢ MEDICAL TERMINATION OF PREGNANCY RULES,2003

BOOKS :

➢ M. P. JAIN, INDIAN CONSTITUTIONAL LAW

E-REFERENCE:

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STATEMENT OF JURISDICTION

The petitioner has approached the Hon’ble Supreme Court under the Article
136 of the Constitution of India, 1950 as a Special Leave Petition under the
Extra Ordinary Appellate Of The Court. The provision under which the
petitioner has approached the Hon’ble court is herein as follows:
Article 136: Special leave to appeal by the Supreme Court
(1)Not with standing anything in this Chapter, the Supreme Court may, in its
discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made by
any court or tribunal in the territory of India.
(2)Nothing in clause (1) shall apply to any judgment, determination, sentence
or order passed or made by any court or tribunal constituted by or under any
law relating to the Armed Forces.

STATEMENTS OF FACTS

The petitioner is a 25-year BA graduate who resides in Manipur and as of

now is a permanent resident of Delhi. The issue at hand is an appeal in the
Hon’ble Supreme Court against the decision of Divisional Bench of Delhi
High Court dated July 15 2022. She approached the high court under writ
petition to request permission to end her pregnancy of 24 weeks which
arose out of a consensual relationship. She want to terminate the
pregnancy in fear of the societal pressure, parents’ refusal to marry him
and denial of her partner to marry her at the very last moment. Delhi High
Court, rejected her request for permission for abortion on the grounds that
the Medical Termination of Pregnancy Act does not include the appellant’s
case. Also, the court dismissed the request to pass an order stopping the
respondent from taking any legal action against the appellants’ Registered
Medical Practitioner. Aggrieved by this order, the appellant approached the
Hon’ble Supreme Court for relief.

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SUMMARY OF ARGUMENTS

ISSUE 1: Does rule 3(b) of Medical Termination of Pregnancy (MTP)

Rules 2003 violate Article: 14 of the constitution?
Restricting the interpretation of Section3(2) of Medical Termination Of
Pregnancy Act & Rule 3(b) of Medical Termination Of Pregnancy Rules to
only married women would be discriminatory and go against Article 14 of the
Indian Constitution. Denying access to abortion for unmarried or single
pregnant women whose pregnancies are between twenty and twenty-four
weeks, while allowing married women to access them during the same
period, would violate the essence of Article 14 of the constitution. Criminal
law should not be wielded as a weapon to infringe on individual autonomy,
and such actions violate Article 14 of the Indian Constitution.The honourable
court has to review the lower court’s order and must make a purposive
interpretation rather than a restrictive interpretation.

Issue 2: Does 3(b) of Medical Termination of Pregnancy (MTP) Rules

2003 covers unmarried women when it comes to abortion of
pregnancy?
The MTP Rules dealt with, inter alia, category of women under Rule 3B. The
members of the Expert Committee suggested different categories of women
such as “survivors of sexual violence/ rape; mentally challenged women,
minors, unmarried women, women with disabilities; , divorced and widowed,
women who are facing difficulties in contexts of humanitarian setting/
emergencies and/or natural disasters; women victims of domestic violence/
gender-based violence etc. Unmarried/Single women are not included in the
list and is discriminatory for which the court must order respondent to include
the same under Rule 3B.

Issue 3: Is termination of pregnancy by an unmarried women covered

under Article: 21 (Right to Life) of the constitution?
According to Article 21, the rights of reproductive autonomy, dignity, and
privacy provide unmarried women with the right to choose whether or not to
have a child, which is similar to the rights of a married woman. Rule 3B does
not include unmarried/single woman under the list of categories of women
who are eligible to terminate the pregnancy between 20-24 weeks on special
circumstances and it is a clear cut violation of Right to live with dignity
protected under Article 21 of the constitution.

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ARGUMENTS ADVANCED

ISSUE 3
IS TERMINATION OF PREGNANCY BY UNMARRIED
WOMEN COVERED UNDER ARTICLE 21(RIGHT TO LIFE) OF
THE CONSTITUTION OF INDIA?

It is most humbly submitted before the Hon’ble Court that the

termination of pregnancy by an unmarried woman is covered under the
Article 21 of the Indian Constitution.

The right to privacy, including the right to make

reproductive choice is a part of fundamental right i.e., right to life
and personal liberty under article 21 of the Indian constitution
which protects one's personal autonomy.

Justice D Y Chandrachud defined privacy as the autonomy of the

individual to make his or her personal choices and to assert one’s
personality.

Justice Nariman gives three parts to this right:

(i) the aspect that relates to the physical body, such as interference with
a person’s right to move freely, surveillance of a person’s movements
etc.;
(ii) informational privacy relating to a person’s private information and
materials; and
(iii) the privacy of choice which includes the freedom to make one’s
most intimate and personal choices.

Reproductive Autonomy:

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Reproductive autonomy refers to an individual's right and ability to

make decisions about their reproductive health, including choices related
to contraception, family planning, and fertility treatments. It emphasises
the importance of individuals having control over their own reproductive
choices and the freedom to make decisions that align with their values
and preferences.

A woman, married or unmarried, has the right to make decisions about

her own body and reproductive choices. This autonomy is fundamental
to personal liberty and may align with the spirit of Article 21.

In XYZ vs State of Gujarat,2023 the Supreme Court bench of Justices

Nagarathna and Ujjal Bhuyan had on August 21 held that a woman
alone has the right over her body and is the ultimate decision-maker on
the question of whether she wants to undergo an abortion

The Supreme Court in the case of Suchita Srivastava v. Chandigarh

recognized a woman's reproductive rights as part of her fundamental
right to privacy, dignity, and personal liberty under Article 21. The court
held that a woman's right to make choices about her own body,
including the decision to terminate a pregnancy, is intrinsic to her right
to life and personal liberty. This judgement supports the argument that
termination of pregnancy by an unmarried woman falls under the
purview of Article 21.

In the case of K.S Puttaswamy (Retd.) and Anr v/s Union of IndiaThe
nine Judge Bench unanimously reaffirmed the right to privacy as a
fundamental right under the Constitution of India. The Court held that
the right to privacy was integral to freedoms guaranteed across
fundamental rights, and was an intrinsic aspect of dignity, autonomy and
liberty.

Here, the appellant is compelled to take such a decision because of her

living situation. As she is not financially backed and an unplanned
pregnancy will be a burden to her and restrict her access to education

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and career. Therefore , having control over reproductive decisions

empowers women to pursue their goals and aspirations, contributing to
their overall well-being and future success.
In the case of Shafin Jahan v. Asokan K.M and ors2018
The Supreme court held that a person's right to make decisions for their
future is part of their right to privacy.

Restricting unmarried women from accessing abortion can lead to

various challenges:

Mental Health : Being forced to carry an unwanted pregnancy can

lead to emotional and psychological distress for the woman ,
impacting her mental well-being. The appellant is not mentally
prepared to raise a child all by herself. And if compelled to do so,
she will be faced with tremendous physical as well as mental
injury.

Financial Problems: Here, the appellant was not employed and she
lacked the financial resources. Unplanned pregnancies can place a
significant financial burden on women who may not be ready or
willing to become mothers. This can affect their ability to pursue
education or maintain stable employment.

Social Stigma :Unmarried pregnant women often face social

stigma due to societal norms and expectations. They may
encounter judgement, exclusion, or criticism, reflecting deeply
rooted cultural beliefs about family structure and morality. This
stigma can impact their emotional well-being and access to support
during a vulnerable time.

Single Parenting :Children in single-parent households may face

social challenges, and the absence of a second parent may impact
their emotional development. Lack of a co-parenting partner can
mean less emotional and practical support, making it harder to
navigate the demands of parenting.: Balancing work and parenting
alone can lead to time constraints, potentially affecting the quality

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and quantity of time spent with the child.Faces financial

difficulties due to the sole responsibility of providing for their
family.

Illegitimate Child: Children born out of the wedlock are

illegitimate and may face various challenges.
Illegitimate children may encounter societal judgment or
discrimination due to societal norms and attitudes towards non-
traditional family structures.
Children born out of wedlock might face legal challenges
regarding inheritance, custody, or other rights that can be affected
by the absence of marital status.
The child may grapple with feelings of exclusion or stigma,
especially if societal attitudes view legitimacy as a measure of
social acceptance.
Illegitimate children may struggle with questions about their
identity, including a sense of belonging and understanding their
place within family and society.
Unmarried parents may face financial difficulties, which can
indirectly impact the child's well-being.

A women’s reproductive right, which includes the right to

procreate and to abstain from the same, is an inherent part of
Article: 21.Unmarried women, like all individuals, enjoy the
protections afforded by Article 21. Their right to make decisions
about their reproductive health and choices regarding pregnancy
termination is inherent in their right to personal liberty. Denying
unmarried women access to safe and legal abortion services would
constitute an infringement of their fundamental rights under Article
21.
Restricting access to abortion based on marital status would be
discriminatory and contrary to the principles of equality and non-
discrimination enshrined in the Indian Constitution. All
individuals, regardless of marital status, are entitled to equal

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protection under the law, including access to reproductive

healthcare services.

In conclusion, the assertion that termination of pregnancy by an

unmarried woman is covered under Article 21 of the Indian
Constitution aligns with the constitutional recognition of the right
to life and personal liberty. Article 21 guarantees the fundamental
right to life with dignity, and decisions related to reproductive
choices, including the option of terminating a pregnancy, are
considered integral aspects of an individual's autonomy and
personal liberty. It underscores the importance of respecting and
protecting the reproductive rights of unmarried women, ensuring
that they have the freedom to make decisions about their bodies
and lives within the constitutional framework.

THEREFORE THE Termination of pregnancy by an unmarried

women is covered under Article 21 of the Constitution of India and
a woman whether married or unmarried has the right to make
decision about her own body and reproductive choices, denying the
same will infringe their ability to make choice on their own bodies
and lives.

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PRAYER

In the light of the constitution applied and the facts stated, issues
raised, arguments advanced and authorities cited, IT IS HUMBLY PRAYED
THAT THE HON’BLE COURT MAY BE PLEASED TO,

1. Permit to have an abortion at any government facility before July 15, 2022
since the pregnancy will be of 24 weeks on the said date and any orders
passed after will be the justice delayed for the justice delayed is the justice
denied

2. Pass orders to stop the respondent from bringing any legal action against
the petitioners doctors.

3. Pass a resolution requesting the state to expand the scope of rule 3B to

include unmarried women carrying pregnancies for up to 24 weeks to cease
the same.
And/or
PASS ANY ORDER, DIRECTION OR RELIEF THAT THIS HON’BLE
COURT MAY DEEM FIT IN THE JUSTICE, EQUITY AND GOOD
CONSCIENCE.

ALL OF WHICH IS HUMBLE PRAYED

Sd/-

On behalf of the petitioner

Counsel for the petitioner