New Delhi: In a significant ruling on reproductive rights, the Supreme Court on Friday permitted a 15-year-old girl to medically terminate her over seven-month pregnancy, observing that no court can compel a woman, especially a minor, to carry an unwanted pregnancy against her will.
A Bench of Justices B V Nagarathna and Ujjal Bhuyan underscored that a woman’s reproductive autonomy must be accorded the highest importance, holding that forcing continuation of an unwanted pregnancy would violate constitutional protections under Article 21.
The court said the choice of the pregnant woman takes precedence and not that of the unborn child, stressing that compelling a minor to continue such a pregnancy could have lasting consequences on her mental health, education, social standing and overall development.
“The right to make decisions concerning one’s body, particularly in matters of reproduction, is an integral facet of personal liberty and privacy,” the Bench observed, adding that no court should force a woman, more so a minor, to carry a pregnancy to full term against her express will.
The court said such compulsion would disregard bodily autonomy and could inflict severe emotional, mental and physical trauma.
Rejecting the argument that the child could be put up for adoption after birth, the Bench said that cannot be a basis to force continuation of an unwanted pregnancy. It observed that directing a woman to give birth against her wishes would subordinate her welfare to that of a child yet to be born.
The judges said constitutional courts must assess such cases through the lens of the pregnant woman’s welfare and circumstances, especially when she is willing to undertake the medical risks involved in termination.
The court also cautioned that denying relief in such situations could push women towards unsafe and illegal abortion procedures, exposing them to greater risks.
Taking note that the minor had allegedly attempted to end her life on two occasions, the court held that continuing the pregnancy was not in her interest and denying relief would force her to endure irreversible consequences.
The ruling is being seen as a significant reaffirmation of reproductive choice as a fundamental right and a strong statement on the rights and dignity of minors facing unwanted pregnancies.
