Supreme Court of India Upholds Minor’s Right to Abortion

< 1 - minutes read |

Allows Termination of Over Seven-Month Pregnancy

KRC TIMES National Bureau

New Delhi: In a significant ruling, the Supreme Court of India on Friday held that no court can force a woman, especially a minor, to continue a pregnancy against her will, reaffirming that reproductive choice is a core part of personal liberty.

A Bench comprising Justices B. V. Nagarathna and Ujjal Bhuyan permitted a 15-year-old girl to medically terminate her pregnancy, which had crossed seven months. The court stressed that reproductive autonomy must be given paramount importance in such cases.

The Bench observed that the right to make decisions about one’s own body falls within the ambit of privacy and personal liberty under Article 21 of the Constitution of India. It noted that compelling a minor to carry an unwanted pregnancy would violate her constitutional rights and could cause severe mental, emotional, and physical harm.

Rejecting the argument that the child could be given up for adoption, the court said such reasoning cannot override the wishes and welfare of the pregnant minor. It also cautioned that denying permission for termination in deserving cases may push individuals towards unsafe and illegal abortions, increasing health risks.

The apex court underlined that constitutional courts must prioritise the welfare and choice of the pregnant woman while deciding such matters, reinforcing the centrality of dignity and autonomy in reproductive rights.

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