SC allows termination of minor’s 30-week pregnancy, cites reproductive autonomy

Observing that a court cannot compel a woman, much less a minor, to continue an unwanted pregnancy, the Supreme Court on Friday allowed the medical termination of a 30-week pregnancy of a girl who became pregnant while she was a minor.

A Bench of Justice B V Nagarathna and Justice Ujjal Bhuyan said the reproductive autonomy of the pregnant minor must be given due weight, especially when she has clearly expressed her unwillingness to continue the pregnancy.

In its order, the Court said the key issue was the right of the minor to continue the pregnancy, which it described as ex facie "illegitimate" since she herself was a minor and was facing the pregnancy due to an unfortunate situation arising from a relationship. The Bench clarified that the issue was not whether the relationship was consensual or the result of sexual assault.

The judges observed that what mattered was that the child to be was not legitimate and that the minor did not wish to bear the child. They stressed that if the interest of the mother is to be considered, her reproductive autonomy must be given sufficient emphasis, and that a court cannot compel any woman, much less a minor, to complete a pregnancy against her will.

During the hearing, Justice Nagarathna acknowledged the difficult moral and legal questions involved. She noted that while childbirth ultimately results in a life, the decisive factor in the present case was the minor’s clear and consistent unwillingness to continue the pregnancy. She also questioned why termination should be barred at 30 weeks if it is permitted at 24 weeks when the unwillingness remains unchanged.

Allowing the plea, the Bench directed Mumbai's JJ Hospital to undertake the medical termination of the pregnancy, while ensuring that all necessary medical safeguards are followed.|
(With LiveLaw inputs)