The Supreme Court on Friday permitted a 15-year-old girl to medically terminate her over seven-month pregnancy, saying that no court can force a woman, especially a minor, to carry a pregnancy against her will.
A bench of Justices BV Nagarathna and Ujjal Bhuyan said that the choice of the pregnant woman must take precedence over that of the unborn child.
The court noted that continuing such a pregnancy could have severe and lasting effects on the minor’s mental health, education, social standing, and overall development.
The bench highlighted that reproductive autonomy is central to a woman’s rights, warning that forcing a woman to continue an unwanted pregnancy would violate her constitutional protections under Article 21 of the Constitution of India.
"The right to make decisions concerning one's body particularly in matters of reproduction is an integral facet of personal liberty and privacy under Article 21 of the Constitution.
The right cannot be rendered ineffective by imposing unreasonable restrictions especially in cases involving minors and unwanted pregnancies such as in the instant case.
No court ought to compel any woman and more so a minor child to carry a pregnancy to full term against her express will.
Such compulsion would not only disregard her decision autonomy but also inflict grave mental emotional and physical trauma in case she is compelled to give birth," the bench said.
The court observed that denying relief would subject the minor to irreversible consequences and run contrary to established constitutional principles recognising reproductive choice as a fundamental right.
It rejected the argument that the child could be given up for adoption after birth, stressing that such considerations cannot override the wishes of a woman facing an unwanted pregnancy.
"It is easy to say that if the pregnant woman is not interested in raising the child she may give away the child in adoption and, therefore, she must give birth to the child.
That cannot be a consideration particularly in cases where the child to be born is unwanted.
In such a situation, directing the pregnant woman to give birth to the child against her wishes and, therefore, continue her pregnancy would negate the welfare of the pregnant woman and make it subordinate to the child yet to be born," the bench said.
The court further stated that constitutional courts must evaluate such cases from the perspective of the woman seeking termination, rather than prioritising the unborn child.
"The constitutional Court ought to weigh all facts and circumstances from the lens of the party who intends to terminate the pregnancy and is willing to undertake the medical risks rather than directing completion of the pregnancy and giving birth to an unwanted child.
If the constitutional Court states that even an unwanted pregnancy has to be continued then instead of approaching the court for permission parties then visit illegal abortion centres or secretly undergo termination of such a pregnancy which would make the pregnant woman more vulnerable and exposed to dangers," the bench said.
Taking note of the minor’s age, the unwanted nature of the pregnancy, and her reported attempts to end her life, the court concluded that continuing the pregnancy was not in her best interest.
(With inputs from PTI)