‘Cannot Force Any Woman, Much Less Minor, to Continue Pregnancy’: Supreme Court

The Supreme Court of India has held that no woman, especially a minor, can be forced to continue a pregnancy if she does not wish to, noting that doing so would cause greater trauma. Court allowed a woman’s plea to terminate the over 30-week pregnancy of her daughter.

Explaining its February 6 order, a bench of Justices B V Nagarathna and Ujjal Bhuyan said the key facts were that the child would be born outside marriage and that the mother did not want to continue the pregnancy. Court said that if the mother’s interest is to be considered, then her reproductive autonomy must be given due importance.

The Bench stressed that what needed to be examined was the right of the minor daughter to continue with a pregnancy that is clearly outside marriage. It noted that she had conceived while still a minor and was now facing the consequences of that relationship. The fact that she had since turned eighteen was held to be irrelevant.

Her counsel argued that forcing her to carry the pregnancy to term would cause serious mental trauma due to the social stigma attached. It was also submitted that she would effectively be compelled to give birth to a child she did not want, even if the decision to terminate had been taken late.

The counsel further argued that her rights must be protected, even if termination at this stage could result in the foetus being born alive. It was emphasised that the rights of the pregnant woman should prevail over those of the unborn foetus.

On the other hand, the state argued that the high court had balanced both interests- that of the woman and the unborn child. It submitted that if the foetus survived, there could be health complications requiring prolonged and advanced neonatal care. However, if the pregnancy was carried to term, there was also a possibility of the child being healthy, after which the woman could choose to give the child up for adoption.

Court relied on its earlier ruling in X Vs Union of India & Another, decided on October 11, 2023, where it had held that once a woman has decided to terminate her pregnancy and has mentally detached from carrying it forward, the court should not make her situation worse by forcing her to continue with an unwanted pregnancy.

Accepting the submissions of the appellant, Court allowed the appeal and set aside the January 27, 2026 order of the Bombay High Court.

It directed J J Group of Hospitals to carry out the medical termination of pregnancy, ensuring that all necessary medical safeguards are followed.

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Case Title: A (Mother of X) Vs State of Maharashtra

Bench: Justices B V Nagarathna and Ujjal Bhuyan

Date of Judgment: February 6, 2026