New Delhi: The apex court of India on Friday a teenager to terminate her 30-week pregnancy, firmly stating that no court can compel a woman to carry a pregnancy against her will. The ruling set aside an earlier Bombay High Court order that had refused permission for medical termination and had instead suggested childbirth followed by adoption.
The case involved a young woman who conceived at 17 and is now 18 years and four months old. By the time the matter reached the Supreme Court, the pregnancy had advanced to 30 weeks. Despite the delay, the top court said the woman’s choice and well-being could not be ignored.
Reproductive choice takes priority
A bench led by Justice BV Nagarathna stressed that a woman’s reproductive autonomy outweighs the rights of an unborn child. “The court cannot compel any woman to complete her pregnancy if she is otherwise not intending to do so,” the bench observed.
The judges noted that the pregnancy resulted from a relationship with a friend and that forcing the teenager to continue would cause serious mental and physical trauma. The bench made it clear that the nature of the relationship, whether consensual or otherwise was not the issue before the court.
High Court order overturned
The Bombay High Court had earlier relied on a medical board report and suggested that the woman could give birth and place the child for adoption. However, the Supreme Court pointed out that the same medical report did not flag any grave risk to the woman if termination was allowed.
Her counsel argued that compelling her to give birth would expose her to deep social stigma and lasting psychological harm. The bench agreed that the woman’s unwillingness to continue the pregnancy was the central factor.
Why timing did not stop the court
Justice Nagarathna also flagged a larger concern around delayed decisions in such cases. She noted that when women are denied relief after legal limits, many are forced to turn to unsafe and illegal options.
Under Indian law, termination is allowed up to 20 weeks and can be extended to 24 weeks with medical board approval. Beyond that, court permission is required. Allowing the appeal, the Supreme Court directed the woman to give her written consent and permitted medical termination. While also reinforced that choice and not compulsion, must guide the law.