Supreme Court allows 15-year-old to terminate seven-month pregnancy

The Supreme Court of India on Friday permitted a 15-year-old girl to medically terminate her pregnancy of over seven months, emphasising that no woman — particularly a minor — can be compelled to carry an unwanted pregnancy against her will.

A bench of justices B.V. Nagarathna and Ujjal Bhuyan held that a woman’s reproductive choice must take precedence, noting that forcing continuation of such a pregnancy could have serious and lasting effects on the minor’s mental health, education, social standing and overall development.

The court stressed that reproductive autonomy is a core component of personal liberty and privacy under Article 21 of the Constitution. It observed that compelling a woman to continue an unwanted pregnancy would amount to a violation of her fundamental rights.

“No court ought to compel any woman, and more so a minor, to carry a pregnancy to full term against her express will,” the bench said, adding that such compulsion could result in severe emotional, mental and physical trauma.

Rejecting the argument that the child could be given up for adoption after birth, the court said such considerations cannot override the rights and welfare of the pregnant individual, especially when the pregnancy is unwanted.

The bench further noted that denying permission in such cases could push individuals towards unsafe or illegal abortion methods, increasing risks to their health and safety.

Highlighting the specific circumstances, the court observed that the minor had described the pregnancy as unwanted and had previously attempted to end her life, making continuation of the pregnancy contrary to her best interests.

The ruling reinforces the principle that courts must evaluate such cases from the perspective of the pregnant individual, prioritising their autonomy, dignity and well-being over other considerations.

With PTI inputs