SC Allows 15-Year-Old to Terminate 31-Week Pregnancy
Top court cites dignity, autonomy; says forcing minor violates fundamental rights
- Supreme Court of India permits termination beyond 24-week limit
- Bench led by B V Nagarathna, Ujjal Bhuyan
- Court stresses reproductive autonomy under Article 21
- Notes minor’s psychological distress and suicide attempts
GG News Bureau
New Delhi, 24th April: In a significant ruling, the Supreme Court of India on Friday allowed a 15-year-old girl to medically terminate her 31-week pregnancy, holding that compelling her to carry the pregnancy to term would violate her fundamental rights.
A bench of Justices B V Nagarathna and Ujjal Bhuyan emphasised that a woman’s reproductive autonomy must be accorded the “highest importance” and is intrinsic to personal liberty and dignity under Article 21 of the Constitution.
The court took note of the minor’s psychological distress, including reported suicide attempts, observing that forcing her to continue the pregnancy would be a direct affront to her right to live with dignity.
“No court ought to compel any woman, more so a minor, to carry a pregnancy to term against her will,” the bench said, warning of severe mental, emotional and physical consequences.
The Centre, represented by Solicitor General Tushar Mehta, had opposed the plea, citing medical risks involved in late-stage termination and the statutory limit of 24 weeks under the law. He suggested that the minor could carry the pregnancy to term and give the child up for adoption.
However, the court rejected the argument, noting that access to relief cannot be denied merely on procedural grounds, especially in exceptional circumstances involving minors.
The bench also observed that delays in reporting pregnancies are common among minors due to fear, stigma or lack of awareness, and warned that denying relief could discourage vulnerable individuals from approaching courts.
Highlighting the long-term impact on the minor’s mental health, education and overall development, the court held that her best interests must prevail over statutory limitations in such cases.
Reiterating that reproductive choice is a fundamental right, the court said denying permission would lead to irreversible consequences, reinforcing the principle that bodily autonomy and dignity cannot be compromised.
