New Delhi, Feb 6 (UNI) The Supreme Court on Friday permitted the medical termination of a 30-week pregnancy of a girl who had conceived while she was a minor, holding that a court cannot compel any woman, much less a minor, to continue an unwanted pregnancy.
A Bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan emphasised that the reproductive autonomy of the pregnant girl must be accorded due weight, particularly when she has clearly and consistently expressed her unwillingness to continue the pregnancy.
The Court observed that the central issue before it was the right of the minor to continue the pregnancy, which, on the face of it, was “illegitimate” as the girl herself was a minor and was facing pregnancy due to an unfortunate situation arising from a relationship. The Bench clarified that the case did not turn on whether the relationship was consensual or the result of sexual assault.
“What has to be considered in the instant case is the right of the minor child to continue a pregnancy which is ex facie illegitimate in as much as she is a minor and has to face this unfortunate situation of having the pregnancy owing to a relationship that she had. The issue is not whether the relationship was consensual or whether it was the case of sexual assault,” the Court observed.
The Bench further held that since the minor did not wish to bear the child, her reproductive autonomy had to 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,” it said.
Allowing the plea, the Supreme Court directed Mumbai’s JJ Hospital to undertake the medical termination of the pregnancy, ensuring that all necessary medical protocols and safeguards are strictly followed.
During the hearing, Justice Nagarathna acknowledged the moral and legal complexity involved, noting that while the birth of a child ultimately results in a life, the decisive factor in the present case was the unequivocal unwillingness of the minor to continue the pregnancy.
The Court noted that once the law permits termination up to a certain stage, the critical consideration remains the pregnant woman’s clear choice not to give birth. With these observations, the Supreme Court granted permission for the medical termination of the minor’s 30-week pregnancy.
