Supreme Court allows termination of 30-week pregnancy of teen, says 'can't compel any woman'

Supreme Court

• Supreme Court permits 18-year-old to end 30-week pregnancy, reverses HC ruling.
• Court upholds reproductive rights; women can't be forced to continue pregnancy
• Mental trauma and social stigma factored in late-stage termination decision

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In a strong reaffirmation of a woman’s right over her own body, the Supreme Court on Friday permitted a teenager to terminate her 30-week pregnancy, overturning an earlier order that had directed continuation of the pregnancy and suggested adoption as an alternative.

The bench made it clear that reproductive autonomy must prevail, observing, 'the court cannot compel any woman to complete her pregnancy if she is otherwise not intending to do so."

The decision comes in the case of a woman who conceived at the age of 17 and is currently 18 years and four months old, with the pregnancy having progressed to an advanced stage of 30 weeks.

High Court order set aside

Earlier, the Bombay High Court had declined permission for medical termination and instead advised that the woman could give birth and place the child for adoption.

The Supreme Court set aside this view, holding that such an approach failed to account for the mental and physical trauma the young woman would be forced to endure.

After reviewing the medical board’s report, the bench noted that it did not indicate any grave danger to the woman if termination were allowed. The top court therefore said that denying her request would unjustly override her personal choice.

Mental trauma and social stigma considered

The woman’s counsel argued that compelling her to continue the pregnancy would cause severe psychological distress, particularly because of the social stigma attached to giving birth outside marriage.

The bench accepted this reasoning, saying that even though the request came at a late stage, the rights of the appellant deserved protection.

The court observed, "what has to be considered is ultimately the right of the minor child to continue a pregnancy, which is ex-facie illegitimate in as much as she is a minor and has to face this unfortunate situation owing to a relationship that she had."

It also clarified that whether the relationship was consensual was not the central issue.

"That is not the issue. Ultimately, the denominator is the child is illegitimate and the mother does not want to bear the child. The mother's reproductive autonomy must be given emphasis. the court cannot compel any woman to complete her pregnancy if she is otherwise not intending to do so," the bench said.

Whose interest comes first?

During the hearing, the bench posed a crucial question: "Whose interest do we look into? An unborn child or the mother who's giving birth?"

Justice Nagarathna also acknowledged the practical realities surrounding delayed decisions on termination.

"There are so many cases where termination takes place beyond what's stipulated under the MTP Act. And doctors say we won't do it. Where will they go? To quacks and unauthorised doctors," she said.

Legal framework on termination

Under the law, termination of pregnancy is permitted up to 20 weeks based on a woman’s decision. Between 20 and 24 weeks, a medical board must assess whether termination is necessary due to health risks. Beyond 24 weeks, court approval is mandatory.

Allowing the appeal, the Supreme Court directed that the woman submit a written undertaking consenting to the procedure and granted permission for medical termination, reinforcing that a woman’s choice cannot be subordinated to imposed notions of morality or social expectation.

In case of minor rape survivors seeking abortion beyond the legal limit of 24 weeks, the Karnataka High Court passed a series of directions two years ago on the handling of unwanted pregnancies caused by sexual assault.

One of the directions included informing the rape survivor at the earliest about the right to terminate their pregnancy, counselling them about legal options, and having a standard operating procedure for such cases.