In a hugely significant ruling Friday, the Supreme Court allowed a 15-year-old girl to medically terminate her 31-week pregnancy. A bench of Justice BV Nagarathna and Justice Ujjal Bhuyan said compelling the child to carry the pregnancy to term violated her fundamental rights and that a woman's reproductive autonomy must be given the "highest importance".
The court noted her psychological distress and the fact she had twice attempted to die by suicide, and said, "Forcing her to continue is a direct affront to her right to live with dignity."
The court also said the right to make decisions concerning one's body, especially in matters of reproduction, is an intrinsic part of personal liberty and privacy under Article 21. "Her (the minor in question) reproductive autonomy must be accorded the highest importance..." it said.
"This right cannot be rendered ineffective by imposing unreasonable restrictions, especially in cases involving minors and unwanted pregnancy..." Justice Nagarathna said.
"No court ought to compel any woman, more so a minor, to carry a pregnancy to term against her will," the court ruled, warning of "grave mental, emotional, and physical trauma" if forced.
State response
Appearing for the government, Solicitor General Tushar Mehta flagged a medical report indicating risks to the minor and foetus if the termination is carried out at this stage.
He argued the case had come to court beyond the statutory 24-week limit for medical terminations, and that late-stage abortions carry heightened risks.
Mehta suggested the 15-year-old girl be made to go through a life-changing physical, emotional, and hormonal roller-coaster and deliver the child, and then give it up for adoption.
He also suggested money be paid to her family.
'If we go on declining'
The bench was not convinced.
"Every time someone comes for MTP (medical termination of pregnancy), we cannot tell them to seek financial help," Justice Nagarathna remarked, observing also that girls sometimes don't report pregnancies - either due to fear or a lack of awareness - till it crosses the 24-week mark.
"But if we go on declining, they will stop coming to court," she said.
'Trauma, every day'
The petitioner argued the pregnancy had already severely affected her life, including her education that could be disrupted for months. "Every single day is very traumatic..."
'A fundamental right'
In its order, the court highlighted long-term consequences of forced pregnancy on a minor, including impacts on her mental health, education, social standing, and overall development.
In such exceptional circumstances, the court noted, the minor's best interests must take precedence over procedural and statutory limitations for medical termination of pregnancy.
"Reproductive choice is a fundamental right," the court reiterated, adding that denying relief would subject the minor to "irreversible consequences" and reinforcing the judiciary's consistent stand - that women's bodily autonomy and dignity cannot be compromised.
