Abstract
SC bench led by 2 Judges rejected AIIMS plea against allowing a
15-year-old girl to terminate her 27-week pregnancy. Earlier rulings often
denied termination if foetus was in good health.
Refusing to reopen its order permitting the termination of the 27-week
pregnancy of a 15-year-old girl, the Supreme Court made it clear that “an
individual’s choice ought to outweigh that of an institution”, declining to
entertain a curative plea filed!
Complying with the Supreme Court’s order, a baby boy was delivered on 2
May 2026. While both the minor mother and newborn are safe and healthy, the
neonate delivered after 29 weeks and 2 days weighed 1380 gm at birth. Though he
was stable and did not require active resuscitation, was shifted to neonatal
intensive care unit (NUCI), at AIIMS for care.
It is difficult to absorb, for even a common person the Court’s comment
that family comes to know of pregnancy as late as after 7 months and therefore
have no option other than seeking court’s intervention, while it can be
understood that if termination is not allowed, the family could approach
quacks, putting the life of a minor girl in danger. If the mother of the
teenage girl can’t make out the pregnancy early in 20-24 weeks is very rare.
This ruling presents a sharp departure from precedents set by the
court’s own judgements.
The initial order in the latter case was passed by a different bench of
Justices on 24 April 2026. It had allowed the medical termination of pregnancy,
underscored the reproductive autonomy of a woman and directed AIIMS to carry
out the procedure. However, the petitioners (AIIMS) argued that since it's been
30-weeks of pregnancy, the foetus is now a viable life and termination would
not be successful. The child would be born with serious deformities organ
failures and even the minor victim would have life-long issues, like even being
unable to go through another pregnancy. But the new bench of 2 justices
dismissed the review petition on Wednesday 29 April 2026. After reporting the
result of this delivery on 2 May 2026, the Supreme Court dropped contempt
proceedings against the Director and HFW Secretary for having complied with its
orders.
Supreme Court’s is silence on the right of the newborn and clarifying
the Male partners in teenage out-of-wedlock pregnancy, which play a critical
role is left unanswered! The bench had said that the
choice and reproductive autonomy of the minor is paramount and she cannot be
forced to continue a pregnancy simply because adoption is an option. A balance
should have been maintained by the Court between her rights to get termination
and the risk of her life terminating a life so late and survival &
development challenges of the neonate delivered in the 30th week!
1. Introduction
Pro-life' v
'Pro-choice' is an issue that countries around the world continue to debate. The
Medical Termination of Pregnancy Act, 1971 (as amended in 2021- MTPA),
regulates the right to abortion, provides for termination of pregnancy up to 24
weeks of gestation, except if it is necessary to avoid imminent danger to the
woman's life or there are substantial foetal abnormalities.
Once the statutory
upper limit is crossed, the Courts are the ultimate decision makers, which
induce elements of subjectivity to the decision, reflected in the recent
judgment where contradictory opinions have emerged over foetal viability vs
reproductive choices of women1,2.
The Supreme Court has
strongly questioned AIIMS’ plea against allowing a 15-year-old rape survivor to
terminate her 30-week pregnancy, stressing that in cases of child rape there
should be no rigid time limit. The Court observed that such laws must evolve
with time and urged the Centre to consider amending abortion rules beyond 20
weeks, highlighting that forcing motherhood on a child amounts to deep trauma
and lifelong scar3.
Supreme Court of India
(SCI) took exception to all India Institute of Medical Sciences (AIIMS) New
Delhi seeking reconsidering Court’s order for termination of 30-week pregnancy
of a 15-year-old girl. Medical professionals at AIIMS said that terminating
pregnancy in 30 weeks is premature
delivery and not medical termination of pregnancy as the Fetus is
viable, waiting for another 4 weeks would result in normal delivery. The Judges
say it is for the girl to take a call after the doctors explain pros & Cons
of MTP to the girl & her parents, as she had become pregnant with
17-year-old boy3,4.
Non-marital teenage
pregnancy in India poses a severe burden, with nearly 7% of 15-19-year-olds
initiating childbearing. While teenage pregnancy stems from early, sometimes even
forced marriage, nonmarital or unintended adolescent pregnancies, lead to high
rates of unsafe abortion (14% of 20 million annually) and maternal mortality.
These pregnancies cause significant social stigma, school dropout, poverty and
severe health risks, including anemia and obstetric complications5,6.
Judges opined that
medical personnel cannot become the masters of the people’s will to decide for
patients just because of their specialist knowledge & skills. In the fight
between the Fetus and mother who had not attained legal age of marriage
and father gets unheard!
Court did not think of the need for taking father’s opinion. Court said
Government must respect a citizen’s autonomy of choice as a minor can’t be
burdened with motherhood and lifelong stigma but kept mum on the societal and
male partner’s opinion3. Male
partners in teenage out-of-wedlock pregnancy play a critical role, ranging from
influencing pregnancy prevention to providing emotional support, participating
in prenatal care and sharing the burden of upbringing the child. While often
overlooked, active male involvement can improve birth outcomes, reduce the
mother’s stress, encourages better decision-making and navigating long-term
responsibility for the child. Question of autonomy of any one of the teenage
partners or their parents must not be the deciding factor4.
A teenage woman’s
nonmarital pregnancy and how such a pregnancy is resolved is an enigma Globally
and in India and scarcely investigated. Very little is known about the effect
of the joint influence of the characteristics two partners' on nonmarital
teenage pregnancy7.
This article is a
review of a tricky situation between medical expertise, Judicial authority and
the rights of teenage mothers but also the viable fetus and male partner going
free!
2. Case Report
2.1. Case 1
2.1.1. Supreme Court’s Unprecedented Order:
The initial order in the case of a 15-year-old girl, her 27-week pregnancy had
allowed the medical termination of pregnancy, underscored the reproductive
autonomy of a woman and directed AIIMS to carry out the procedure. However, the
petitioners (AIIMS) argued that since it's been 30-weeks of pregnancy, the
foetus is now a viable life and termination would not be successful. The child
would be born with serious deformities organ failures and even the minor victim
would have life-long issues, like even being unable to go through another pregnancy.
But the new bench of 2 justices dismissed the review petition on Wednesday 29
April 2026, declined to entertain a curative plea filed! and refused to reopen
its order permitting the termination of the 27-week pregnancy. The Supreme
Court made it clear that “an individual’s choice ought to outweigh that of an
institution”. Complying with the Supreme Court’s order, a baby boy was
delivered on 2 May 2026. While both the minor mother and newborn are safe and
healthy, the neonate delivered after 29 weeks and 2 days weighed 1380 gm at
birth. Though he was stable and did not require active resuscitation, was
shifted to neonatal intensive care unit (NUCI), at AIIMS for care. After
reporting the result of this delivery on 2 May 2026, the Supreme Court dropped
contempt proceedings against the Director and HFW Secretary for having complied
with its orders.
This ruling presents a
sharp departure from precedents set by the court’s own judgements. The Supreme
Court was faced with a similar case in April 2024-litigants facing late-term
pregnancies with significant psychological trauma. A three-judge bench led by
then chief justice of India had initially allowed the termination of the
pregnancy but later recalled the permission due to statutory and viability-based
constraints.
2.2. Case 2
2.2.1. Bombay high court’s decision: The Bombay High Court permitted a 15-year-old rape
survivor, who was 27 weeks pregnant, to undergo a Medical Termination of
Pregnancy (MTP). The court found that continuing the pregnancy would cause
“grave anguish” and severe mental health risks, allowing the plea filed by the
minor's father, citing the need for her reproductive autonomy. The minor was 15
years and seven months old and was sexually assaulted by a neighbor. The girl,
a resident of Mumbai who recently completed her 10th exam and joined a junior
college and intends to continue her education. The girl had not informed her
working parents about the pregnancy. Concerned over her health and a missed
menstrual cycle, her mother took her to a doctor, who initially diagnosed
acidity. A follow-up check-up later revealed the pregnancy. On October 31,
2025, the High Court referred her case to a medical board at Sir JJ Hospital,
whose report helped inform the decision regarding the risks of continuing the
pregnancy. The girl told her mother that a friend of her brother had been
courting her and had established physical relations, resulting in the
pregnancy. By the time it was discovered, she was over 27.4 weeks pregnant,
requiring High Court approval for termination. A medical board was constituted
to examine the girl which had warned that due to her petite frame and
psychological condition, she could face health complications in the third
trimester, including the need for surgical intervention. The doctors recommended
MTP to prevent serious mental health consequences. Since a case has been
registered against the accused for sexual assault, the court directed JJ
Hospital authorities to preserve tissue/DNA samples of the foetus after birth
and hand them to the investigating officer to aid the criminal trial. The bench
also instructed the State Government to expedite processing and disbursement of
compensation to the girl under the 'Mano Dhairya Scheme' This case underlines
the judiciary's role in allowing abortions beyond the standard statutory limits
when the mental & physical well-being of a minor is at stake.
2.3. Case 3
2.3.1. ABC vs State Of
Gujarat on 13 April, 2026: The present application has been preferred by the applicant-victim
under Articles 226 and 227 of the Constitution of India along with Section 528
of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as under the provisions
of the Medical Termination of the Pregnancy Act, 1971, for a direction to the
respondent authority to terminate the pregnancy of the applicant-victim who is
aged about 19 years, at the earliest, which is in the best interest of the
victim considering her physical health and incident of rape causing grave
injury to her mental health. On 09.04.2026, this Court passed the following
order as the advocate appearing for the petitioner submitted that the
petitioner is the victim of the offence of rape and because of the incident,
she has attained pregnancy and presently, she is carrying the pregnancy of 21
weeks and 2 days. She is not desirous of continuing with the said pregnancy and
therefore wants the same to be terminated medically. Having regard to the same,
the team of the doctors at Sola Civil Hospital, Ahmedabad headed by the Head of
the Department-Gynecology and other panel doctors shall examine the petitioner
for termination of pregnancy and give their opinion about the risk factor
involved in medical termination of pregnancy. The examination of the petitioner
took place on 10.04.2026 and the report of examination submitted before the
Court on 13.04.2026. On perusing the report, it appears that the doctors from
different branches/ departments found the applicant-victim in good health and
carrying a single live intrauterine fetus with gestational age of 21 weeks 06
days, medical termination of pregnancy can be performed as per the guidelines
of the MTP Amendment Act, 2021. On hearing both the sides, this Court has
noticed that the applicant-victim is alleged to have been raped by the accused.
The Hon'ble High Court summarized the law regarding the medical termination of
pregnancies and ordered for the MTP and to preserve, the tissues from the fetus
to be handed over for the purpose of DNA sampling in a scientific manner to the
Investigating Officer.
3. Discussions
Illegal pregnancy is no
longer a crime, but it remains a legal consideration. Couples need to register
the child, determine paternity and follow legal process. Supreme Court’s Decision in a landmark verdict for bodily
autonomy, the Supreme Court of India has ruled that no court can compel a
woman, including a minor, to continue a pregnancy. The SC declared
“reproductive autonomy is a fundamental right” and must be given the highest
importance. The Supreme Court has strongly questioned AIIMS’ plea
against allowing a 15-year-old rape survivor to terminate her 30-week
pregnancy, stressing that in cases of child rape there should be no rigid time
limit. The Court observed that such laws must evolve with time and urged the
Centre to consider amending abortion rules beyond 20 weeks1,11.

In a hugely significant ruling Friday, the Supreme
Court allowed a 15-year-old girl to medically terminate her 31-week pregnancy.
A bench of two Justices said compelling the child to carry the pregnancy to
term violated her fundamental rights and that a woman's reproductive autonomy
must be given the “highest importance.” The court noted her psychological
distress and the fact she had twice attempted to die by suicide and said, “Forcing
her to continue is a direct affront to her right to live with dignity.” The
court also said the right to make decisions concerning one's body, in matters
of reproduction, is an intrinsic part of personal liberty and privacy under
Article 21.” Her reproductive autonomy must be accorded the highest
importance...” it said. “This right cannot be rendered ineffective by imposing
unreasonable restrictions, especially in cases involving minors and unwanted
pregnancy. “No court ought to compel any woman, more so a minor, to carry a
pregnancy to term against her will,” the court ruled, warning of "grave
mental, emotional and physical trauma” if forced4.
Appearing for the AIIMS
& Government MOH &FW, Solicitor General had flagged a medical report
indicating risks to the minor and foetus if the termination is carried out at
this stage. He argued the case had come to court beyond the statutory 24-week
limit for medical terminations and that late-stage abortions carry heightened
risks. SG suggested that the 15-year-old girl be made to go through a
life-changing physical, emotional and hormonal roller-coaster and deliver the
child and then give it up for adoption. He also suggested money be paid to her
family. But the bench was not convinced. “Every time someone comes for MTP we
cannot tell them to seek financial help. In India girls sometimes don't report
pregnancies either due to fear or a lack of awareness till it is explicitly
visible roughly 20-24-week mark. If Courts go on declining, they will stop
coming to court,” the judges said.
The petitioner argued
the pregnancy had already severely affected her life, including her education
that could be disrupted for months. “Every single day is very traumatic...”
In its order, the court
highlighted long-term consequences of forced pregnancy on a minor, including
impacts on her mental health, education, social standing, & overall
development. In such exceptional circumstances, the court noted, the minor's
best interests must take precedence over procedural and statutory limitations
for medical termination of pregnancy. “Reproductive choice is a fundamental
right,” the court reiterated, adding that denying relief would subject the
minor to “irreversible consequences” and reinforcing the judiciary's consistent
stand - that women's bodily autonomy and dignity cannot be compromised.
For Health
Professionals or for even a common person the Court’s comment that family comes
to know of pregnancy as late as after 7 months and therefore have no option
other than seeking court intervention is difficult to digest. While it can be
understood that if termination is not allowed, the family could approach
quacks, putting the life of a minor girl in danger and forcing motherhood on a
child amounts to deep trauma and lifelong scar. It is bit surprising and
difficult to absorb that the mother of the teenage girl can’t make out the
pregnancy till 24 weeks the permissible limit under MTP act (Figure 1).
Dilemma of Unwanted teenage Pregnancies: The United Nations Children Fund (UNICEF) defines
“teenage pregnancy” a pregnancy when an adolescent girl becomes pregnant
between the age group 13–19 years. Pregnancy in adolescents is a risk event
because the body of an adolescent is still growing and not entirely prepared
for reproduction1.
As of 2019, adolescents
aged 15-19 years in low- and middle-income countries (LMICs) had an estimated
21 million pregnancies each year, of which approximately 50% were unintended
and which resulted in an estimated 12 million births (1). 55% of unintended
pregnancies among adolescent girls aged 15-19 years end in abortions, which are
often unsafe in LMICs (1). Adolescent mothers (aged 10–19 years) face higher
risks of eclampsia, puerperal endometritis and systemic infections than women
aged 20–24 years and babies of adolescent mothers face higher risks of low
birth weight, preterm birth and severe neonatal condition. Data on childbirths
among girls aged 10–14 are getting more widely available. Globally the
adolescent birth rate for girls 10–14 years in 2023 was estimated at 1.5 per
1000 women with higher rates in sub-Saharan Africa (4.4) and Latin America and
the Caribbean (2.3) [4]. Six out of 10 unintended pregnancies end in induced
abortion. Abortion is a common health intervention, very safe when carried out
using a method recommended by WHO & GOI, appropriate to the pregnancy
duration and by someone with the necessary skills. However, around 45% of
abortions were unsafe in 2025. Unsafe abortion is an important preventable
cause of maternal deaths and morbidities. It can lead to physical and mental
health complications and social and financial burdens for women, communities
and health systems. Lack of access to safe, timely, affordable and respectful
abortion care is a critical public health and human rights issue1.
The MTP Act: The MTP act as
amended in 2021 provides for 1.
Till 20 weeks: If
the gestation period is till 20 weeks, a woman can terminate pregnancy based on
her consent and on the opinion of one registered medical practitioner if Continuance of pregnancy would involve a
risk to life/cause grave injury to her physical or mental health. Anguish
caused due to i) failure of contraception pills, either by a woman or her
partner, ii) pregnancy due to rape iii) a substantial risk that the child born
would suffer from a physical or mental abnormality would be presumed to
constitute a grave injury to mental health or anguish. In
the current case the pregnancy was not rape but a friend of her brother. First Judgment Allowing Rape Victim to Terminate
Pregnancy was Reversed in current judgement as the continuation of pregnancy
would not have risked the woman of grave injury, as opined by medical
fraternity. If a woman is a minor or mentally ill, pregnancy can't be
terminated without the consent in writing of her guardian. 2. From 20-24 Weeks: On
October 12, 2021, the Union Government notified the Medical Termination of
Pregnancy (Amendment) Rules 2021, in which the categories of women eligible for
abortion of pregnancy up to 24 weeks were specified as: (a) survivors of sexual
assault or rape or incest; (b) minors; (c) change of marital status during the
ongoing pregnancy (widowhood and divorce); (d) women with major physical (e)
mentally ill women including mental retardation; (f) the foetal malformation
that has substantial risk of being incompatible with life or if the child is
born it may suffer from such physical or mental abnormalities to be seriously
handicapped; and (g) women with pregnancy in humanitarian settings or disaster
or emergency situations. The upper gestational limit from 20 weeks to 24 weeks
was increased in the 2021 amendment and the words 'wife' and 'husband' were
changed to 'woman' and 'partner' respectively, to not restrict the benefits of
abortion to matrimonial relationships only. 3. 24 Weeks beyond: The legislation doesn't talk beyond
24 weeks and parties must approach the constitutional courts under Article 32
or 226. Rule 3A(a)(i), inserted by in the 2021 amendment, mentions that the
Medical Board shall have the power to allow or deny termination of pregnancy
beyond 24 weeks, considering the woman’s safety & and fetal malformation’s risk
of being incompatible with life or the child born would be seriously
handicapped. Under the Act, it is presumed that the gestation period
limitation doesn't apply when the termination is necessitated by substantial
foetal abnormalities diagnosed by a Medical Board or where the medical
practitioner is of the opinion that the termination of pregnancy is
“immediately” necessary to save the life of the pregnant woman3.
A study of data from
the 1995 National Survey of Family Growth (USA) corrected for underreporting of
abortions, reported that more than 17% of teenage women are estimated to have
become pregnant during their first nonmarital teenage sexual relationship. About
44% of these pregnancies result in a nonmarital birth and about 18% in a
marital birth, while 37% end in an abortion.
Preventing pregnancy
among adolescents and pregnancy-related mortality and morbidity are
foundational to achieving positive health outcomes across the life course and
imperative for achieving the Sustainable Development Goals (SDGs) related to
maternal and newborn health. According to 2019 data, 55% of unintended
pregnancies among adolescent girls result in abortions, many of which are
unsafe in low- and middle-income countries (LMICs). Gender inequality and
patriarchal norms further marginalize adolescent mothers, denying them
opportunities to rebuild their lives. According to NFHS-5 (2019-21), 6.8% of
adolescent girls aged 15-19 in India had already begun childbearing, a slight
decrease from 7.9% in NFHS-4 (2015-16). Adolescent childbearing remains a
significant public health concern, with higher rates observed among less
educated, poorer and rural populations. While totally about 6.8%–7.2% of
adolescent girls were pregnant or already mothers, a decline from 7.9%–8.5%
reported in NFHS-4. Adolescent childbearing is significantly higher in rural
areas compared to urban areas. Rates were notably higher among those with no
education (19.2%) & lowest wealth quintiles. Eastern and North-Eastern
regions of India reported higher rates of teenage pregnancies
with West Bengal (16%)
and Bihar (11%) having the highest rates. 58.3% of adolescent girls (15–19)
were found to be anemic. Modern contraceptive use among adolescents was
reported as low as 2.2%1,8.
Teenage pregnancy in
India is linked to child marriage and gender inequality. While child marriage
rates have dropped (from 47% in 2005 to 24% in 2020), teenage pregnancies
remain high (6.8-7.2%), especially in states like West Bengal, Bihar and
Rajasthan. Key drivers of teenage pregnancies include poverty, societal norms
and lack of reproductive education. Early marriage is often seen as a financial
and social security solution and young brides face pressure for early
motherhood to prove marital success. Teenage mothers, especially unwed girls,
face stigmatization and lack institutional support, leading to school dropouts
and perpetuating poverty5,8.
Child marriage leads to increased domestic violence, perpetuates gender
inequality and limit opportunities for young girls5.
3.1. Epidemiology of nonmarital pregnancy
The likelihood of
nonmarital pregnancy declines as age at first intercourse rises, but age does
not affect how such a pregnancy is resolved. Women who are older than their
first partner are more likely to become pregnant than those who are the same
age and their pregnancies are less likely to end in abortion than in a marital
birth. Women who are younger than their first partner are no more likely to
become pregnant than other women after the effects of other characteristics
considered. The male partner's education is negatively associated with the
likelihood of nonmarital pregnancy but is positively associated with the
likelihood of abortion if a pregnancy occurs. Differences between partners in
race or ethnicity do not affect the likelihood of a nonmarital pregnancy but do
increase the likelihood that such a pregnancy will end in abortion or a
nonmarital birth rather than in a marital birth. In conclusions the
characteristics of teenage women and their partners appear to play a role in
nonmarital teenage pregnancy and its outcome. However, the estimated
relationships between one partner's characteristics and the probability of a
nonmarital pregnancy & its resolution are little affected by whether the
other partner's characteristics are also considered7,9.
A retrospective
record-based research study to investigate the epidemiological aspects and
clinical feto-maternal outcomes associated with teenage pregnancy (women aged
13-19), from January 2018 to December 2022, in the department of Obstetrics and
Gynecology of a tertiary care center in northern part of Karnataka, India. The
outcomes reported involved a total of 52,715 deliveries, 52,715 deliveries at
the institute during the study period. Among these deliveries, 1,754 were among
teenagers, resulting in a prevalence rate of 3.33%. Nearly one-fifth (19.16%)
of teenage mothers were short stature whereas only 7.02% of adult mothers were
short stature. The relatively higher proportion of teenage mothers were
underweight. Maternal and fetal complications were comparatively higher among
teenage mothers whereas caesarean sections were relatively more among adult
mothers. This emphasizes the importance of targeted healthcare interventions,
like improved prenatal care, nutritional support and education for teenage mothers8.
The effects of adolescent fathers on their offspring: Not surprisingly, we still know relatively little
about the adolescent males' abilities to parent. Tentative evidence suggests
that paternal contact is associated with enhanced social and cognitive
development of children, but the amount of evidence is still too meager to draw
strong conclusions about the beneficial or deleterious effects of adolescent
fathers on their offspring. Research which addresses patterns of contact over
time between fathers and their children in both married, unmarried as well as
separated and divorced fathers is necessary to determine whether both quality &
quantity of parental contact affect the development of their offspring. Considering
the long-term behavioral and educational problems of both boys and girls
evidenced in the follow-up of the Baltimore project, evaluation of the
moderating impact of the father on these outcomes would be worthwhile. More
attention should be paid to the male role in the resolution of pregnancy
outcomes. Little information is available concerning the male's role in
abortion decisions nor are the effects of the abortion experience on males well
understood. Similarly, more information concerning the role of male partners in
contrast to family and friends in adoption decisions would be helpful4.
Interventions Desired: While programs to modify sexual behavior, especially efforts to
encourage the delay of onset of sexual activity, continue to be developed, the
success of these programs has been limited. Therefore, intervention strategies
aimed at more effective utilization of contraception among adolescent males &
females need to continue to be developed with such programs.
4. Conclusion
In the current case a
mother approached the Court for the termination of 28 weeks pregnancy of her 15-year-old
daughter after the Delhi High Court refused. The High Court directed All India
Institute of Medical Science (AIIMS) to constitute a Medical Board, which
stated that even though the minor doesn't suffer from any psychiatric and
psychological issues, termination of pregnancy may entail a significant risk,
to the extent causing adverse effects on her future reproductive health. The
State's approach is paternalistic in cases of termination of advanced
pregnancy. Its consistent stand is that the child born will be taken care of by
the State and can be given for adoption, even though the minor was unwilling
and had twice attempted to take her life. A bench of Supreme Court comprising
of 2 Justices stated that in cases of unwanted pregnancy, the approach of
compelling a woman to give birth and then saying the child can be given for
adoption is incorrect because it negates the welfare of the woman and makes it
subordinate to the child yet to be born. It went beyond the statutory scheme
here, which says that only in cases of substantial foetal abnormalities and
risk to mother's life that the ceiling limit can be crossed. Moreover, the
invocation of foetal normalcy or the fact that the pregnancy has been carried
for a considerable duration as grounds to deny termination is of no
constitutional persuasiveness. In the absence of foetal abnormality, the
continuation of pregnancy is unobjectionable and second, that the passage of
time extinguishes the pregnant woman's claim to decisional autonomy. The Court
also remarked that if constitutional courts adopt the view of allowing unwanted
pregnancy to continue, the women will visit illegal abortion centers.
In recent judgment, the
minor may have fallen into consensual relationships, parents may have noticed
pretty late, but their consistent stand was that they wanted to terminate their
pregnancy and the report of the Medical Board was silent on the psychological
distress and the effect of forced pregnancy on them, despite the signs of
emotional and physical damage when forced to carry out the pregnancy.
The stark distinction here is that the conception was
voluntary. It can't be placed on the same threshold as an unwanted teen
pregnancy.
The Supreme Court of
India reaffirmed a woman’s right to bodily autonomy, stating that no court can
force her to continue a pregnancy against her will. In a significant and
sensitive case, the court permitted a 15-year-old girl to terminate her
pregnancy even after it had crossed the seven-month mark, prioritizing her
physical and mental well-being. The decision reflects a humane and rights-based
approach, especially in cases involving minors and distressing circumstances,
while also highlighting the evolving interpretation of reproductive rights
under the Medical Termination of Pregnancy Act. This ruling underscore the
judiciary’s role in protecting individual dignity, choice and health.
Only the doctors know
the best whether terminating a pregnancy of 7 months is safe or not. A balance
should have been maintained by the Court between her rights to get termination
and the risk of her life terminating a life so late and survival and
development challenges of the neonate delivered in 30th week of
pregnancy!
5. References