No Court Can Force Minor To Carry Pregnancy Against Her Will : SC

New Delhi : Observing that no court can force a woman, especially a minor, to become pregnant against her will, the Supreme Court on Friday allowed a 15-year-old girl to medically terminate her pregnancy, which lasted more than seven months. A bench comprising Justices BV Nagarathna and Ujjal Bhuyan said that the choice of the pregnant woman is more important than the choice of the child to be born and emphasized:

The continuation of such a pregnancy can have long-term effects on the mental health, educational prospects, social standing and general development of the minor.

The Supreme Court stated that great importance should be given to a woman’s reproductive autonomy, and that if a woman carrying an unwanted pregnancy is forced to continue it, her constitutional rights will be violated.

“The right to make decisions regarding one’s body, especially in reproductive matters, is an integral part of personal freedom and privacy within the scope of Article 21 of the Constitution. This right cannot be neutralized by imposing unreasonable restrictions, especially in cases where minors and unwanted pregnancies are involved, as in the current case.

“No court should force any woman, especially a minor child, to carry a pregnancy to term against her express will. Such coercion will not only disregard the woman’s decisional autonomy but will also cause serious mental, emotional and physical trauma if she is forced to give birth,” the bench said. he said.

Refusal of assistance under these circumstances would oblige the child to suffer irreversible consequences, and such an approach would be contrary to constitutional and established principles that recognize reproductive choice as a fundamental right.

The Supreme Court said that the choice of the pregnant woman is more important than the choice of the child to be born.

“It is easy to say that if a pregnant woman is not interested in raising her child, she can give the child up for adoption and therefore should keep the child.

The delegation said, “This cannot be the case, especially in cases where the child to be born is unwanted. In such a case, directing the pregnant woman to give birth to a child against her will and therefore to continue her pregnancy will harm the pregnant woman’s well-being and subject her to the unborn child.”

He said constitutional courts should consider the circumstances under which a case regarding the welfare of the pregnant woman rather than the child to be born should be taken into account.

“Instead of directing the completion of the pregnancy and the birth of an unwanted child, the Constitutional Court should consider all the facts and circumstances from the perspective of the party who wishes to terminate the pregnancy and is willing to assume the medical risks.

“If the Constitutional Court states that even an unwanted pregnancy must continue, the parties, instead of applying to the court for permission, visit illegal abortion centers or secretly terminate such a pregnancy, which will make the pregnant woman more vulnerable and exposed to dangers,” the panel said. he said.

The high court said that in this case the minor was 15 years old and the pregnancy was unwanted and it was not in the interest of the minor to continue the pregnancy, especially if she had attempted to endanger her life twice.