Supreme Court allows 15-year-old to terminate 7-month pregnancy, cites reproductive autonomy
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The Supreme Court of India on Friday allowed a 15-year-old girl to terminate her seven-month pregnancy, holding that a woman’s reproductive autonomy under Article 21 outweighs the interests of the unborn foetus in such cases.
A bench of Justices B V Nagarathna and Ujjal Bhuyan said no woman can be compelled to continue an unwanted pregnancy on the ground that the child could be given up for adoption after birth. The court was hearing a plea filed by the girl’s mother seeking permission for medical termination as the pregnancy had crossed the statutory limit under the Medical Termination of Pregnancy Act.
The bench said the choice of the pregnant woman is paramount. “What is relevant here is the choice of the pregnant woman rather than that of the child to be born,” it observed, adding that forcing a woman to continue such a pregnancy would undermine her welfare.
Appearing in the case, Solicitor General Tushar Mehta said medical reports indicated risks to both the girl and the foetus due to the advanced stage of pregnancy. He suggested that the child could be given up for adoption through the Central Adoption Resource Authority while protecting the minor’s privacy.
The court rejected this argument, stating that directing a woman to give birth against her wishes and then consider adoption cannot be a valid ground, particularly when the pregnancy is unwanted.
Emphasising constitutional protections, the bench said the right to make decisions concerning one’s body is an integral part of personal liberty and privacy under Article 21. It added that imposing such a burden, especially on a minor, would cause grave mental, emotional, and physical trauma.
The court also noted that the girl had suffered psychological distress and did not wish to continue the pregnancy. Forcing her to do so, it said, could adversely affect her mental health, development, and education.
Allowing the termination, the bench said no court should compel any woman, particularly a minor, to carry a pregnancy to full term against her will.