‘Respect Individual Choice’: SC in Minor Rape Pregnancy Case
Chief Justice says state cannot override dignity, autonomy and mental health of 15-year-old survivor
- Supreme Court of India rebukes Centre over curative plea
- Court defends abortion rights of 15-year-old rape survivor
- CJI says state must respect reproductive autonomy
- Government urged not to pit state power against citizens
GG News Bureau
New Delhi, 30th April: The Supreme Court of India on Thursday sharply criticized the Centre for challenging its earlier order permitting the medical termination of a 31-week pregnancy of a 15-year-old rape survivor.
Chief Justice Surya Kant strongly rebuked the government, asserting that no authority can override the victim’s dignity, autonomy and mental well-being.
“Respect individual choices,” the Chief Justice told the government, emphasizing that only the victim or her family had the locus to challenge such a decision.
The bench stressed that forcing a child rape survivor to carry an unwanted pregnancy to term would inflict lifelong trauma and violate her fundamental rights.
Justice Joymalya Bagchi also warned against transforming the case into a confrontation between the state and its citizens, urging psychological support and informed parental choice rather than state-imposed decisions.
The Centre had argued that termination at this advanced stage posed medical risks and suggested delivery followed by adoption.
However, the court rejected the approach, underlining that a minor’s aspirations, future and dignity must take precedence in exceptional circumstances.
Calling it a defining matter of bodily autonomy, the bench reiterated that reproductive choice is a fundamental constitutional right.
The case is being viewed as a landmark judicial reaffirmation of women’s reproductive freedom, particularly for minors facing extreme trauma.
