The Supreme Court in X v NCT of Delhi : feminist expectations, feminist foregrounding but feminist outcomes?

Abstract

ABSTRACT This case note discusses the 2022 Supreme Court of India’s judgement in X v NCT of Delhi & Anr in which the Supreme Court has held that termination of pregnancies between 20 and 24 weeks is available to all women who are undergoing any “change in their material circumstances”. Delving into the reasoning used by the Supreme Court, this case note argues that while the case engages in a sound contextualization of women’s problems with the legal regime on abortion in India and the use of a rights-based language, it does little more to improve access to abortion in India. The case note tests the judgement using the methodologies from the feminist judgement-writing project.