Courts can’t force minor to carry pregnancy, rules SC

Taking a pro-choice stand, the Supreme Court on Friday held that courts cannot force a woman, especially a minor, to carry a pregnancy against her will and allowed a 15-year-old girl to medically terminate her over seven-month pregnancy.

A Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan said the reproductive autonomy of a woman must be accorded the highest importance and that if a woman carrying an unwanted pregnancy was compelled to continue it, her constitutional rights would be violated.

“The right to make decisions concerning one’s body particularly in matters of reproduction is an integral facet of personal liberty and privacy under Article 21 of the Constitution. The right cannot be rendered ineffective by imposing unreasonable restrictions especially in cases involving minors and unwanted pregnancies such as in the instant case,” the Bench said.

“No court ought to compel any woman and more so a minor child to carry a pregnancy to full term against her express will. Such compulsion would not only disregard her decision autonomy but also inflict grave mental, emotional and physical trauma in case she is compelled to give birth,” it said.

The top court directed that she should be allowed to undergo medical termination of pregnancy at AIIMS, New Delhi, subject to all necessary medical safeguards. It directed the petitioner, the minor’s mother, to submit an undertaking consenting to the procedure on her behalf.

Under the Medical Termination of Pregnancy Act, the upper limit for termination of pregnancy is 24 weeks for married women and special categories, including survivors of rape and other vulnerable women such as those who are differently abled and minors. In exceptional cases where the mother’s life is in danger or the foetus is abnormal, the 24-week time limit can be breached. However, the Supreme Court has in several cases permitted termination of pregnancy beyond the statutory period.

The order came on a petition filed by the mother of the minor seeking permission for medical termination of pregnancy beyond the statutory period prescribed under the Medical Termination of Pregnancy Act.

The Bench sought to emphasise that the choice of the pregnant woman was relevant rather than that of the child to be born, saying continuation of such a pregnancy could have long-lasting repercussions on the minor’s mental health, educational prospects, social standing and overall development.

Refusing termination of pregnancy would compel the minor girl to endure irreversible consequences and such an approach would be contrary to the constitutional and settled principles recognising reproductive choice as a fundamental right, the top court noted.

“If she is forced to continue the pregnancy and give birth to a child, the consequence would be adverse. An unwanted pregnancy and the mindset of a pregnant woman has a bearing on the child to be born too. The decision to not to continue her pregnancy and seek termination with all attendant medical risk must be respected rather than compelling such a pregnant woman to continue such a pregnancy,” it concluded.

On behalf of the state, Solicitor General Tushar Mehta said the medical report indicated a threat to the life of both the mother and the child if termination was attempted at an advanced stage of pregnancy. He offered financial help from the government and suggested adoption of the child to be born through the Central Adoption Resource Authority while protecting the privacy of the girl and her family.

However, the Bench said courts could not direct a woman seeking medical termination of pregnancy to depend on individual financial support and wondered what would happen if the minor was unwilling to continue the pregnancy.