Today, On 6th February, Supreme Court allows termination of a 30-week unwanted pregnancy, emphasizing that reproductive autonomy is a fundamental right for women.The Court stated that no court can force a woman, especially a minor, to continue an unwanted pregnancy.
The Supreme Court stated on Friday that no court can force a woman, especially a minor, to continue an unwanted pregnancy, highlighting the importance of reproductive autonomy.
This statement was made while the court granted permission for a medical termination of a 30-week pregnancy involving a girl who became pregnant as a minor.
A Bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan emphasized that the reproductive autonomy of the young girl must be seriously considered, particularly since she has clearly and consistently expressed her desire not to carry the pregnancy to term.
In addressing the specifics of the case, the court highlighted the “right of the minor child to continue the pregnancy,” noting that the pregnancy was unplanned and the girl did not wish to give birth.
The court order stated,
“If the interest of the mother is to be taken note of, then her reproductive autonomy must be given sufficient emphasis. The court cannot compel any woman, much less a minor child, to complete her pregnancy if she is otherwise not intending to do so,”
Granting the request, the Supreme Court directed JJ Hospital in Mumbai to proceed with the medical termination, ensuring that all essential medical precautions are observed.
During the hearing, Justice Nagarathna acknowledged the intricate moral and legal issues at play. She remarked that while the birth of a child signifies the emergence of new life, the key point in this case was the minor’s clear and steadfast decision against continuing the pregnancy.
Justice Nagarathna said,
“It is also difficult for us to decide what to do. Whether we should compel her to give birth to a child? Because the child which will be born is also ultimately going to be a life. Then there is another question: if she can terminate at 24 weeks, why not at 30 weeks? Ultimately, she doesn’t want to continue the pregnancy. Bottom line is she doesn’t want to give birth, that is the difficulty,”
In recent years, the Supreme Court consistently affirmed women’s autonomy over their bodies and their reproductive rights. In a notable ruling in 2024, the court maintained that the right to choose and reproductive freedom are fundamental rights under Article 21 of the Constitution.
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The Supreme Court had noted,
“The right to choose and reproductive freedom is a fundamental right under Article 21 of the Constitution. Therefore, where the opinion of a minor pregnant person differs from the guardian, the court must regard the view of the pregnant person,”
In another judgment from 2022, the court declared that all women, regardless of marital status, have the right to seek an abortion up to 24 weeks into the pregnancy under the Medical Termination of Pregnancy Act and its corresponding regulations.