Supreme Court Permits Termination of Minor's 30-Week Pregnancy, Emphasizes Reproductive Rights
In a landmark decision, the Supreme Court of India has granted permission for the termination of a minor girl's pregnancy, which had advanced to 30 weeks. The ruling came in response to a petition filed by the girl's mother, who argued that continuing the pregnancy would subject her daughter to severe mental trauma and lifelong social stigma due to the child being illegitimate.
Court's Emphasis on Reproductive Autonomy and Mental Health
The bench strongly affirmed the minor's right to reproductive autonomy, stating, "The girl has a right over her reproductive autonomy." The court highlighted the psychological burden the girl would face, noting, "They cannot get married and she has to carry the stigma for the rest of her life. We have to consider her mental aspect." The judges expressed concern that denying legal termination could drive individuals to seek unsafe abortions at illegal centers, risking health and life.
Legal Framework and State's Opposition
Under the Medical Termination of Pregnancy (MTP) Act, 1971, abortion is permitted up to 20 weeks based on one doctor's opinion and up to 24 weeks for specific categories, including rape survivors and minors, with two doctors' approval. However, this case involved a pregnancy beyond 24 weeks, requiring judicial intervention.
The Maharashtra government opposed the termination, represented by lawyer Devanshi Singh. The state contended that the fetus, at 30 weeks, had a beating heart and was viable, with termination risking premature birth and potential abnormalities. The government suggested the baby could be handed over to an orphanage instead.
Judicial Reasoning and Precedent
The bench questioned the state on whose interests it was protecting, to which Singh responded it was for the court to decide. She cited a 2017 Supreme Court order that allowed termination of a pregnancy over 30 weeks for a 13-year-old rape survivor. The court weighed this precedent against the current case, where the pregnancy resulted from a relationship the mother alleged was forced after a promise of marriage, with an FIR filed against the friend involved.
Ultimately, the court ruled in favor of the minor, directing termination while cautioning against feticide. "We direct the JJ Group of Hospitals, Mumbai, to conduct the procedure of medical termination of pregnancy of the daughter of the appellant herein by bearing in mind all medical safeguards," the bench ordered.
Background and Lower Court's Decision
The mother approached the Supreme Court through lawyer Shantanu Adkar after the Bombay High Court rejected the plea. The High Court had ruled that forced termination would amount to feticide since the fetus was healthy and viable. It instead mandated comprehensive medical and psychological support for the teen until delivery and placement of the child in a registered orphanage.
The Supreme Court's decision underscores the complex balance between fetal viability and a minor's mental well-being, with the bench remarking, "Whose interest would prevail is the question. It is very difficult to decide." The ruling prioritizes reproductive rights and psychological health in exceptional circumstances, setting a significant legal precedent.
