Supreme Court Grants Historic Permission for Termination of Pregnancy of 30-Week Pregnant Minor

New Delhi: In a landmark ruling, the Supreme Court has permitted the termination of a 30-week pregnancy of a minor girl, emphasizing the importance of reproductive autonomy and the right of a young woman not to be forced into motherhood.

A bench led by Justice B.V. Nagarathna stated, “No court can compel any woman, especially a minor, to become a mother against her will.” The apex court highlighted that the pregnancy is inherently illegitimate because the girl is a minor and the result of unfortunate circumstances. The ruling makes clear that the unborn child in such a case cannot be considered legitimate, and the minor’s expressed wish not to continue the pregnancy must be respected.

The bench directed J.J. Hospital in Mumbai to carry out the medical termination while following all necessary medical precautions.

Legal Context

Previously, the Medical Termination of Pregnancy (Amendment) Rules 2021 had extended the permissible period for terminating certain pregnancies from 20 to 24 weeks under specific circumstances, including rape, changes in marital status, or health risks. Section 3(2)(B) allows terminations between 20 and 24 weeks in cases of serious physical or mental injury, fetal anomalies, or pregnancies involving minors or rape victims.

The Supreme Court has consistently upheld that the MTP Act does not discriminate between married and unmarried women. In 2022, it affirmed that reproductive rights and bodily autonomy are fundamental, extending the legal scope to unmarried women and cases of marital rape.

Significance of the Ruling

This ruling is unprecedented as it allows termination beyond 24 weeks, respecting the minor’s autonomy and reinforcing that no girl or woman can be forced to give birth. Justice Nagarathna noted, “We cannot compel her to bear a child against her will; her reproductive choice must be paramount.”

The decision marks a historic step in strengthening reproductive rights in India, ensuring that the law prioritizes the safety, consent, and autonomy of women, including minors, over social or moral considerations.