'Woman's choice to be accorded highest importance': Supreme Court allows termination of 15-year-old's pregnancy

The SC bench said that no court can force a woman, especially a minor, to carry a pregnancy against her will.

New Delhi: The Supreme Court on Friday said the pregnant woman's choice is relevant and that a woman's reproductive autonomy must be accorded the highest importance.

The top court allowed a 15-year-old girl to medically terminate her over seven-month pregnancy, saying that no court can force a woman, especially a minor, to carry a pregnancy against her will.

A bench of Justices B V Nagarathna and Ujjal Bhuyan said the minor in this case is 15 years old and the pregnancy is unwanted, so continuing the pregnancy is not in the interest of the minor, particularly since she has attempted to foreclose her life on two occasions.

The bench said constitutional courts must weigh the circumstances of the case concerning the welfare of the pregnant woman rather than the welfare of the child to be born.

The bench said denying relief would compel the minor to endure irreversible consequences. The court emphasised that such an approach would be contrary to the constitutional and settled principles recognising reproductive choice as a fundamental right.

The bench underscored that continuation of such a pregnancy could have long-lasting repercussions on the minor's mental health, educational prospects, social standing, and overall development.

The court said the right to make decisions concerning one’s body, particularly in matters of reproduction, is an integral facet of personal liberty and privacy under Article 21 of the Constitution.

The bench said that the right cannot be rendered ineffective by imposing unreasonable restrictions, especially in cases involving minors and unwanted pregnancies, such as in the instant case. The bench found that if a woman, carrying an unwanted pregnancy, is compelled to continue it, then her constitutional rights would be breached.

"No court ought to compel any woman, and more so a minor child, to carry a pregnancy to full term against her express will. Such compulsion would not only disregard her decision autonomy but also inflict grave mental, emotional and physical trauma in case she is compelled to give birth," the bench said.

The bench said it is easy to suggest that if the pregnant woman is not interested in raising the child, she may give the child up for adoption, and, therefore, she must give birth to the child.

"That cannot be a consideration, particularly in cases where the child to be born is unwanted. In such a situation, directing the pregnant woman to give birth to the child against her wishes and, therefore, continue her pregnancy would negate the welfare of the pregnant woman and make it subordinate to the child yet to be born," the bench said.

The court did not agree to a suggestion by Solicitor General Tushar Mehta that carrying termination of pregnancy may harm the minor. It directed AIIMS Delhi to carry out termination of pregnancy with necessary safeguards.