Court cannot compel any woman to continue with unwanted pregnancy: SC

Emphasising that no court can force a woman - let alone a minor- to carry an unwanted pregnancy, the Supreme Court on Friday allowed the medical termination of a 30‑week pregnancy in the case of a girl who had become pregnant when she was a minor.

In delivering this verdict, the apex court struck down the Bombay High Court's decision that had previously denied permission for the procedure. It also emphasised the importance of reproductive autonomy, asserting that a woman cannot be compelled to continue with a pregnancy against her will.

Key issue

The bench, led by Justice BV Nagarathna and Justice Ujjal Bhuyan, stated that the key issue was the girl's unwillingness to continue the pregnancy, which it called "illegitimate" due to her age and the circumstances in which she became pregnant.

The court stated that the primary consideration is the minor child's right to decide whether to continue the pregnancy, which is inherently illegitimate given her age and having to face a pregnancy due to an unfortunate situation arising from a relationship.

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Justice Nagarathna further clarified that the issue was not about whether the relationship was consensual, but rather the autonomy of the woman.

"The issue is not whether the relationship was consensual or whether it was the case of sexual assault. Ultimately the fact is that the child to be is not legitimate and secondly, the mother to be of the child does not want to bear the child," the court said in its ruling, according to Live Law.

The mother's reproductive autonomy must be given emphasis, the court further stated and added that it cannot compel any woman to complete her pregnancy if she is not willing.

"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," said the bench.

Reproductive autonomy

The court's ruling underscores the significance of the mother's right to make decisions about her body, especially in situations where continuing a pregnancy could result in mental and physical trauma.

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Justice Nagarathna, addressing the arguments, also highlighted the dangers of illegal procedures when legal measures are denied. She said that there are many cases where the termination takes place beyond the stipulated time given by the MTP Act.

She noted that the women then end up going to quacks and unauthorised doctors, when legal procedures are denied.

What MTP Act says

The Medical Termination of Pregnancy (MTP) Act in India permits abortion up to 20 weeks, beyond which a medical board's approval is needed to assess whether continuing the pregnancy poses a threat to the mother's health. In cases beyond 24 weeks, only the court can authorise the procedure.

Allowing the plea, the apex court bench directed Mumbai's JJ Hospital to undertake the medical termination of the pregnancy of the minor, while ensuring that all necessary medical safeguards are followed.