In a landmark ruling that reinforces bodily autonomy and personal choice, the Supreme Court has permitted a teenager to terminate her 30-week pregnancy, clearly stating that no woman can be forced to continue a pregnancy against her will. The decision once again places reproductive autonomy at the centre of constitutional rights, even in complex and emotionally sensitive cases.
Supreme Court Overturns Bombay High Court Order
A bench led by Justice BV Nagarathna set aside a previous order of the Bombay High Court, which had denied permission for Medical Termination of Pregnancy (MTP) and instead suggested that the teenager carry the pregnancy to term and consider adoption. The apex court found this approach inconsistent with a woman’s fundamental right to make decisions about her own body.
“The court cannot compel any woman to complete her pregnancy if she is otherwise not intending to do so,” the Supreme Court said, underlining the primacy of reproductive choice.
Case Background: Pregnancy At An Advanced Stage
The petitioner had conceived at the age of 17 and is currently 18 years and four months old. By the time the matter reached the Supreme Court, the pregnancy had advanced to 30 weeks. The court noted that the pregnancy resulted from a relationship with a friend and observed that forcing continuation would cause serious mental and physical trauma to the young woman.
Importantly, the bench clarified that the nature of the relationship, whether consensual or otherwise, was not the determining factor in the case.
Medical Board Report Finds No Grave Risk
After reviewing the medical board’s report, the Supreme Court observed that there was no indication of grave risk to the girl if the pregnancy were terminated. This finding weighed heavily in favour of allowing the procedure, especially given the petitioner’s clear unwillingness to continue with the pregnancy.
The High Court had earlier suggested adoption as an alternative, but the apex court disagreed, stating that such an option cannot replace a woman’s right to decide.
Reproductive Autonomy Takes Centre Stage
Addressing arguments from both sides, the bench emphasised that the central issue was the young woman’s refusal to continue an “illegitimate” pregnancy and the long-term psychological impact it could have on her life.
“What has to be considered is ultimately 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 owing to a relationship that she had,” the court observed.
Reiterating its position, the bench added that the mother’s reproductive autonomy must take precedence.
Justice Nagarathna Raises Larger Concerns
Justice Nagarathna also highlighted the practical challenges faced by women seeking late-term abortions under Indian law. Questioning rigid timelines, she asked, “Whose interest do we look into? An unborn child or the mother who’s giving birth?”
She further pointed out that delays often force women to seek unsafe alternatives. “There are so many cases where termination takes place beyond what’s stipulated under the MTP Act. And doctors say we won’t do it. Where will they go? To quacks and unauthorised doctors,” she said.
What Indian Law Says On Pregnancy Termination
Under the Medical Termination of Pregnancy Act, a woman can seek termination up to 20 weeks on her own consent. Between 20 and 24 weeks, approval from a medical board is required. Beyond 24 weeks, only a court can authorise termination, usually based on exceptional circumstances.
In this case, the Supreme Court allowed the appeal and directed the petitioner to submit a written undertaking consenting to the medical procedure.
The ruling reinforces a crucial legal principle: a woman’s right over her own body cannot be overridden by the state or societal expectations. By prioritising consent, mental well-being, and dignity, the Supreme Court has once again shaped the evolving conversation around reproductive rights in India.
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