- Supreme Court permits 15-year-old to terminate over seven-month pregnancy.
- Woman’s right to bodily autonomy overrides all other considerations.
- Forcing continuation causes severe mental, emotional, and physical trauma.
- Minor’s well-being and choice are paramount in unwanted pregnancies.
The Supreme Court on Friday allowed a 15-year-old girl to medically terminate her over seven-month pregnancy, holding that no woman can be compelled to continue an unwanted pregnancy against her will.
A bench of Justices B V Nagarathna and Ujjal Bhuyan emphasised that forcing a woman, particularly a minor, to carry a pregnancy to term would cause severe mental, emotional and physical trauma. The court made it clear that the choice of the pregnant individual must take precedence, even in advanced stages of pregnancy.
‘Woman’s Choice Overrides Considerations of Adoption’
The case reached the top court after the minor’s mother sought permission for termination, as the pregnancy had crossed the statutory limit prescribed under the Medical Termination of Pregnancy (MTP) Act.
During the hearing, Solicitor General Tushar Mehta pointed to medical reports indicating risks to both the girl and the foetus, suggesting that the child could be given up for adoption through legal channels. However, the bench firmly rejected this line of argument.
“It is easy to suggest adoption, but that cannot be a consideration where the child is unwanted,” the court observed. It added that compelling a woman to give birth against her wishes would undermine her welfare and make it subordinate to that of the unborn child.
Reproductive Autonomy Central to Personal Liberty
Reiterating constitutional protections, the bench underscored that decisions concerning one’s body, especially in matters of reproduction, are integral to personal liberty and privacy under Article 21.
“The right cannot be rendered ineffective by imposing unreasonable restrictions, particularly in cases involving minors and unwanted pregnancies,” the court said.
The judges also noted that the girl had already suffered psychological trauma and did not wish to continue the pregnancy. Forcing her to do so, they warned, could have long-term consequences on her mental health, development and education.
‘No Court Should Compel a Woman to Continue Pregnancy’
Allowing the termination, the court stated that no judicial authority should compel any woman, “more so a minor,” to carry a pregnancy to full term against her express will.
Such compulsion, it said, would disregard her decisional autonomy and inflict “grave mental, emotional and physical trauma”.
The ruling further acknowledged that an unwanted pregnancy can affect not just the woman but also the well-being of the child to be born, reinforcing the need to respect the individual’s choice.
