Supreme Court goes gender neutral, mentions term ‘pregnant persons’ 42 times in verdict

Satya Prakash

New Delhi, May 6

Noting that pregnancy can also be experienced by some non-binary people and transgender men, the Supreme Court has for the first time used the term “pregnant persons” instead of “pregnant woman” or “pregnant girl” in a judgment.

A three-judge Bench led by CJI DY Chandrachud – which on 29 April recalled its earlier order allowing termination of 31-week pregnancy of a minor rape victim from Mumbai – has used the expression “pregnant person/s” 42 times in its 22-page verdict.

“We use the term ‘pregnant person’ and recognise that in addition to cisgender women, pregnancy can also be experienced by some non-binary people and transgender men among other gender identities,” the Bench explained.

The court gave primacy to the opinion of a pregnant person — even if minor or mentally ill — in deciding on abortion of an over 24-week-old foetus. “The consent of a pregnant person in decisions of reproductive autonomy and termination of pregnancy is paramount. In case there is a divergence in the opinion of a pregnant person and her guardian, the opinion of the minor or mentally ill pregnant person must be taken into consideration,” it said.