Reiterating a woman’s reproductive autonomy, the Supreme Court Friday allowed a 15-year-old to terminate her seven-month pregnancy, saying no woman can be forced to continue an unwanted pregnancy on the ground that the child could be given up for adoption after birth.
The girl’s mother had approached the court seeking permission for medical termination of her daughter’s pregnancy as it had crossed the statutory limit set by the Medical Termination of Pregnancy Act.
A bench of Justices B V Nagarathna and Ujjal Bhuyan said that in such instances, the interest of the woman would outweigh that of the unborn foetus. “What is relevant here is the choice of the pregnant woman rather than that of the child to be born,” the bench said.
Solicitor General Tushar Mehta said the medical report pointed to a threat to the life of the girl and the foetus as the pregnancy was at an advanced stage. Mehta said it would be preferable to give the child up for adoption through the Central Adoption Resource Authority, protecting the privacy of the minor and her family.
“It is easy to say that if the pregnant woman is not interested in raising the child, she may give it away in 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 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 right cannot be rendered ineffective by imposing unreasonable restrictions, especially in cases involving minors and unwanted pregnancies, such as in the instant case.”
The court said that if the girl is forced to continue the pregnancy and give birth, “the consequence would be adverse.”
The bench said that “an unwanted pregnancy and the mindset of a pregnant woman have a bearing on the child to be born too”. “The decision not to continue her pregnancy and seek termination with all attendant medical risk must be respected rather than compelling such a pregnant woman to continue such a pregnancy,” it added.
The Supreme Court bench noted that the girl had undergone psychological trauma due to the pregnancy and did not want to continue with it. The bench said that compelling her to continue with it can have a lasting impact on her overall development, including her mental health and educational prospects.
Allowing the prayer for MTP, the bench said, “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”.
Source: TheIndianExpress