"Court Can't Compel A Woman": Top Court Allows Ending Teen's 30-Week Pregnancy

Reiterating that a woman's reproductive autonomy trumps the right of an unborn child, the Supreme Court on Friday allowed a teenager to terminate her 30-week pregnancy. A woman cannot be compelled to continue a pregnancy against her will, the top court underscored.

A bench led by Justice BV Nagarathna set aside a Bombay High Court order that 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.

"The court cannot compel any woman to complete her pregnancy if she is otherwise not intending to do so," the Supreme Court said, stressing the importance of reproductive autonomy.

Read: Kerala Court Allows Termination Of 31 Weeks Old Foetus With Abnormalities

The girl had conceived at the age of 17 and is now 18 years and four months old. The pregnancy had advanced to 30 weeks. The court noted 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.

After examining the medical board's report, the bench observed that it did not indicate any grave risk to the girl if termination was permitted. The High Court, however, was of the view that she could give birth and place the child for adoption.

The girl's counsel 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. Though the decision was being taken at a belated stage, the court said the rights of the appellant must be protected.

Read: Forcing Woman To Continue Pregnancy Violates Bodily Integrity: Delhi Court

Addressing submissions from both sides, the bench said the key consideration was the girl's unwillingness to continue a pregnancy that was "illegitimate".

"What has to be considered is ultimately the right of the minor child to continue a pregnancy, which is ex-facie illegitimate in as much as she is a minor and has to face this unfortunate situation owing to a relationship that she had," the court observed.

The court clarified that the issue is not whether the relationship was consensual or not.

"That is not the issue. Ultimately, the denominator is 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.

Allowing the appeal, the Supreme Court permitted medical termination of the pregnancy, directing the appellant to submit a written undertaking consenting to the procedure.

Justice Nagarathna, who was heading the bench, asked: "Whose interest do we look into? An unborn child or the mother who's giving birth?" She went on to note that sometimes it takes time to take a decision on whether to terminate or not.

"There are so many cases where termination takes place beyond what's stipulated under the MTP Act. And doctors say we won't do it. Where will they go? To quacks and unauthorised doctors," Justice Nagarathana said.

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 mother's health if the foetus is terminated. After 24 weeks, only the court can give a go-ahead.