Supreme Court allows termination of minor’s unwanted pregnancy

NEW DELHI: Allowing the medical termination of pregnancy of a 15-year-old girl who was over seven months pregnant, the Supreme Court on Friday observed that a woman cannot be compelled to continue with an unwanted pregnancy.

A bench of Justices BV Nagarathna and Ujjal Bhuyan said that no court ought to compel a woman, particularly a minor, to carry a pregnancy to full term against her express will, as such compulsion would inflict “grave mental, emotional and physical trauma”.

Allowing the minor to undergo medical termination, the bench said that in cases of unwanted pregnancy, directing continuation would negate her dignity, autonomy, and long-term well-being.

“If she is forced to continue the pregnancy and give birth to a child, the consequence would be adverse. An unwanted pregnancy and the mindset of a pregnant woman has a bearing on the child to be born too. The decision not to continue her pregnancy and seek termination with all attendant medical risk must be respected rather than compelling such a pregnant woman to continue such a pregnancy,” observed the bench.

The bench also expressed concern that if courts routinely declined permission in such cases, minors might resort to unsafe and illegal abortion methods.

It also said that forcing continuation of such an unwanted pregnancy would have long-lasting repercussions on the minor’s mental health, educational prospects, social standing and overall development.

The apex court was hearing a plea filed by the mother of the minor seeking permission for medical termination of pregnancy beyond the statutory period prescribed under the Medical Termination of Pregnancy (MPT) Act.

The top court also took into consideration that the pregnancy arose from a consensual relationship between two minors and that the girl had unequivocally expressed her unwillingness to continue with the pregnancy.

The bench also rejected the argument that the child could be given up for adoption after birth, and observed that what is relevant in such cases is the choice of the pregnant woman rather than that of the child to be born, and that the availability of adoption cannot be used as a reason to compel childbirth. (ANI)

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