Supreme Court Allows 15 yr old to Terminate 28-Week Pregnancy; Cites Long-Lasting Repercussions

The Supreme Court on Frida permitted a 15-year-old Delhi girl to terminate her over 28-week pregnancy. Court noted that asking the minor to continue with her unwanted pregnancy will be an affront to her right to live with dignity and reproductive autonomy, while rendering her “subordinate” to the child yet to be born.

A bench of Justices BV Nagarathna and Ujjal Bhuyan allowed the minor, who had been admitted at AIIMS Delhi since April 10, to undergo medical termination, while making it clear that “no court ought to compel any woman, and more so a minor child, to carry a pregnancy to full term against her express will.”

“If the pregnant woman carrying an unwanted pregnancy is compelled to continue such a pregnancy, then the constitutional rights of the pregnant woman would be breached,” noted the court.

Solicitor General Tushar Mehta, appearing before court, told the bench that the child could be given up for adoption through CARA post being born. He told the bench that as per medical reports, termination of pregnancy at this stage may be risky for both the mother and the unborn child.

“Can the constitutional court say that since the statutory remedy is not available, no constitutional remedy would also be available? That cannot be the approach,” the court said adding that such an interpretation would drive women towards unsafe and illegal abortion centres.

Justice Nagarathna further warned that denying relief in such circumstances could expose women, especially minors, to grave risks, including resort to unregulated procedures that may cause irreversible harm.

The court also underscored minor’s psychological distress, including reported attempts to take her own life, observing that forcing continuation of the pregnancy would have “long-lasting repercussions” on her mental health, education, social standing, and overall development.

“We cannot compel a lady to undergo pregnancy. It will be against her bodily autonomy and liberty,” remarked the court, even as Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati flagged concerns over the risks involved at an advanced stage of pregnancy and the state’s willingness to take care of the girl and the child if she completed the full term.

Directing that the procedure be carried out at AIIMS Delhi with all necessary medical safeguards, the court required the minor’s guardian to submit an undertaking consenting to the termination.