The Supreme Court has permitted a 15-year-old girl to medically terminate her pregnancy of over seven months, noting that no court could compel a woman, particularly a minor, to continue a pregnancy against her will.
The Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan emphasised that a woman’s reproductive autonomy must be given paramount importance. It observed that forcing a minor to carry an unwanted pregnancy to term would violate her fundamental rights under Article 21, including her right to personal liberty, privacy, and bodily integrity.
The top court of the country noted that continuation of the pregnancy could have serious and lasting consequences on the minor’s mental health, education, social standing, and overall development. It underlined that the decision of the minor must take precedence over considerations relating to the unborn child.
Rejecting the argument that the child could be given up for adoption after birth, the Bench held that such reasoning could not compel a woman to continue an unwanted pregnancy. Doing so would subordinate her welfare to that of the unborn child and undermine her autonomy.
It further directed the constitutional courts to evaluate such cases from the perspective of the pregnant individual, particularly when she was willing to undertake the medical risks associated with termination. Denying relief in such circumstances could push individuals towards unsafe or illegal abortion practices, increasing the risk to their health and safety, added the Bench.
Taking note of the minor’s age, the advanced stage of unwanted pregnancy and the fact that the girl had attempted to take her own life on two occasions, the Apex Court observed that compelling a minor to continue the pregnancy would result in irreversible harm and would be contrary to settled constitutional principles recognising reproductive choice as a fundamental right.
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