In a significant order reinforcing the primacy of reproductive autonomy, the Supreme Court has ruled that no court can compel a woman—much less a minor—to continue an unwanted pregnancy. The observation came on Friday as the apex court permitted the medical termination of a 30-week pregnancy for a girl who had conceived while she was a minor.
The Division Bench, comprising Justice BV Nagarathna and Justice Ujjal Bhuyan, underscored that forcing a pregnancy to term against the explicit will of the pregnant person violates their fundamental rights. The Court directed Mumbai’s JJ Hospital to proceed with the termination, ensuring all necessary medical safeguards are in place.
The Bench was adjudicating a plea concerning a pregnancy that had crossed the standard statutory limit of 24 weeks prescribed under the Medical Termination of Pregnancy (MTP) Act. Justice Nagarathna, speaking for the Bench, highlighted the complex moral and legal dimensions of the case but ultimately sided with the petitioner’s autonomy.
The Court noted that the pregnancy was unintended and that the minor had consistently expressed her unwillingness to give birth.
“If the interest of the mother is to be taken note of, then her reproductive autonomy must be given sufficient emphasis. The court cannot compel any woman, much less a minor child, to complete her pregnancy if she is otherwise not intending to do so,” the Court observed.
During the hearing, Justice Nagarathna acknowledged the weight of the decision, balancing the potentiality of the fetal life against the rights of the mother.
“It is also difficult for us to decide what to do. Whether we should compel her to give birth to a child? Because the child which will be born is also ultimately going to be a life,” Justice Nagarathna remarked.
However, the Bench found the decisive factor to be the mother’s unwavering intent. Addressing the timeline of the pregnancy, the Justice added, “Then there is another question: if she can terminate at 24 weeks, why not at 30 weeks? Ultimately, she doesn’t want to continue the pregnancy. Bottom line is she doesn’t want to give birth, that is the difficulty.”
