The Supreme Court on Friday allowed an 18-year-old girl to terminate a 30-week pregnancy, saying that a woman “cannot be compelled” to continue a pregnancy against her will. The top court set aside the Bombay high court order that had compared terminating the advanced pregnancy to “foeticide”.
A Supreme Court bench of Justice BV Nagarathna reiterated that a woman's reproductive autonomy trumps the right of an unborn child.
"The court cannot compel any woman to complete her pregnancy if she is otherwise not intending to do so," the Supreme Court said, according to LiveLaw, stressing the importance of reproductive autonomy.
The Bombay high court order had declined permission for Medical Termination of Pregnancy (MTP) and had instead directed continuation of the pregnancy, with the option of giving the child up for adoption.
Indian law on Medical Termination of Pregnancy (MTP) allows a pregnant woman to take a call on termination till 20 weeks. Till 24 weeks, a medical board needs to be consulted to ascertain if there is a threat to the mother's health if the fetus is terminated. After 24 weeks, only the court can give a go-ahead.
The girl had conceived the fetus at the age of 17. The pregnancy has now advanced to 30 weeks, and the girl is now 18 years and 4 months old.
The Supreme Court said that the child was conceived out of a relationship with a friend and that the continuation of the pregnancy would be traumatic for the girl, both mentally and physically.
The High Court, however, was of the view that she could give birth and place the child for adoption.
The top court bench examined the medical board's report and determined that it did not indicate any grave risk to the girl if termination was permitted.
The girl's lawyer had argued that forcing her to complete the pregnancy would cause grave mental trauma due to the social stigma attached to giving birth to an illegitimate child.
The court said the rights of the appellant must be protected even if the decision for abortion was taken at a late stage.
The bench said the key consideration was the girl's unwillingness to continue a pregnancy that was "illegitimate". It also clarified that whether the relationship that the child was convinced out of was consensual or not was not the issue to be considered.
“Ultimately, the denominator is that 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 top court said.
Thus, the Supreme Court permitted the appeal for medical termination of the pregnancy, directing the appellant to submit a written undertaking consenting to the procedure.
A Supreme Court bench of Justice BV Nagarathna reiterated that a woman's reproductive autonomy trumps the right of an unborn child.
"The court cannot compel any woman to complete her pregnancy if she is otherwise not intending to do so," the Supreme Court said, according to LiveLaw, stressing the importance of reproductive autonomy.
The Bombay high court order had declined permission for Medical Termination of Pregnancy (MTP) and had instead directed continuation of the pregnancy, with the option of giving the child up for adoption.
Indian law on Medical Termination of Pregnancy (MTP) allows a pregnant woman to take a call on termination till 20 weeks. Till 24 weeks, a medical board needs to be consulted to ascertain if there is a threat to the mother's health if the fetus is terminated. After 24 weeks, only the court can give a go-ahead.
The girl had conceived the fetus at the age of 17. The pregnancy has now advanced to 30 weeks, and the girl is now 18 years and 4 months old.
The Supreme Court said that the child was conceived out of a relationship with a friend and that the continuation of the pregnancy would be traumatic for the girl, both mentally and physically.
The High Court, however, was of the view that she could give birth and place the child for adoption.
The top court bench examined the medical board's report and determined that it did not indicate any grave risk to the girl if termination was permitted.
The girl's lawyer had argued that forcing her to complete the pregnancy would cause grave mental trauma due to the social stigma attached to giving birth to an illegitimate child.
The court said the rights of the appellant must be protected even if the decision for abortion was taken at a late stage.
The bench said the key consideration was the girl's unwillingness to continue a pregnancy that was "illegitimate". It also clarified that whether the relationship that the child was convinced out of was consensual or not was not the issue to be considered.
“Ultimately, the denominator is that 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 top court said.
Thus, the Supreme Court permitted the appeal for medical termination of the pregnancy, directing the appellant to submit a written undertaking consenting to the procedure.