'Reproductive autonomy to be given due emphasis': Supreme Court allows minor to terminate 30-week pregnancy

New Delhi: The Supreme Court on Friday said that reproductive autonomy of a pregnant woman must be given sufficient emphasis as it allowed a minor to terminate 30-week pregnancy while determining whether a pregnancy should be terminated, that the psychological condition of the girl and her interest as a mother who does not want to deliver her child is to be taken note of.

A bench of Justices B V Nagarathna and Ujjal Bhuyan said that it cannot compel any woman, much less a minor child, to complete her pregnancy, if she otherwise doesn't intend to do so, adding that forcing her to undergo the full period of pregnancy would be more "traumatic".

The court had earlier asked why the minor couldn’t undergo the full term of the pregnancy and deliver the child.

The appellant’s counsel responded that the minor was suffering from mental and physical trauma, as well as social stigma.

The minor, who was still admitted in hospital, couldn't return home because of this stigma.

The bench was also informed that the girl is from a very weak socio-economic background.

The bench observed that what needed consideration was the right of the minor to continue the pregnancy, which, on the face of it, was “illegitimate”, as she herself was a minor and was facing the pregnancy due to an unfortunate situation arising from a relationship.

The court also felt that the issue was not whether the relationship was consensual or the result of a sexual assault.

The bench said, the mother-to-be does not want to bear the child, and if the interest of the mother is to be taken note of, then her reproductive autonomy must be given sufficient emphasis.

The court said, that even if the minor doesn't face a medical complication or difficulty in delivery, it is her mental aspect of not wanting to deliver that mattered. She asked the Maharashtra government counsel, “How to tackle that?

Can the court say 'No, you should deliver the child even if you don’t want to?'”

Having noted the pitfalls of unsafe abortions, the court said that this was not a case of a couple wanting a second or third child, but one of an illegitimate child whose mother doesn't want it.

The court accepted the submissions made by the counsel for the appellant, the father of the minor and allowed the child to undergo medical termination of pregnancy.

The bench directed J J Hospital, Mumbai, to undertake the procedure of medical termination of the minor daughter of the appellant, bearing in mind all medical safeguards.