The Supreme Court said in a judgment on Friday that a woman cannot be forced to continue an unwanted pregnancy merely on the ground that the child can be given up for adoption after birth.
The court made it clear that what is most important in such cases is the will, dignity and mental-physical well-being of the pregnant woman and not just the future prospects of the unborn child. The Supreme Court made this comment while allowing termination of a minor’s pregnancy beyond 7 months.
A bench of Justice BV Nagarathna and Justice Ujjwal Bhuyan allowed medical termination of pregnancy to the 15-year-old girl. The minor is more than seven months pregnant. The court said, especially forcing a minor to carry a pregnancy to full term against her express will can cause serious mental, emotional and physical trauma. It is easy to say that if a pregnant woman does not want to nurture the child then she can give it up for adoption after birth, but this argument may not be acceptable in cases where the pregnancy itself is unwanted. Forcing a woman to give birth to a child against her will would be a disregard for her welfare and would subordinate her to the interests of the unborn child.
The case pertained to a petition filed by the mother of a minor, seeking permission to terminate the pregnancy which had extended beyond the statutory time limit prescribed in the Medical Termination of Pregnancy Act.
5 important things
- The will, mental health and dignity of the minor were considered paramount.
- Continuing unwanted pregnancy is considered a violation of Article 21.
- 3 Woman’s body and decision were considered her rights
- Abortion allowed through safe medical procedure in AIIMS
- The pressure to continue pregnancy can cause mental and physical trauma.
The court said – cannot be forced
Solicitor General Tushar Mehta said termination could endanger the life of both mother and child. Justice Nagarathna questioned this argument, saying that the court cannot ask someone to rely on the option of financial assistance or adoption instead of termination. He asked that if the minor is not willing to continue the pregnancy, then how can the court force her to do so.
Fear of increasing trend towards illegal abortion centres: Court
The Supreme Court said, forced continuation of unwanted pregnancy can have long-term adverse effects on the mental health, education, social status and overall development of the minor. Reiterated that reproductive autonomy, privacy and personal liberty are fundamental rights protected under Article 21 of the Constitution. The court warned that if relief is not given in such cases, the trend of illegal and unsafe abortion centers may increase. The court allowed abortion through safe medical procedure at AIIMS.
effect on you
This important decision of the Supreme Court will strengthen the right of women, especially minors, to take decisions according to their wishes and health. This will prevent them from being forced to carry unwanted pregnancies. This will reduce mental stress, social stigma, obstacles in studies and physical risks. It will expand access to safe and legal abortion, reduce the burden of travel to illegal facilities, and strengthen constitutional protections of dignity, privacy and personal liberty.
Minor going through stress: Petitioner
On behalf of the petitioner, it was said that due to pregnancy, the minor is going through severe mental stress, her studies have been affected and every day has been extremely painful for her and the family. The court also noted that the girl had clearly refused to continue the pregnancy and had shown signs of psychological distress such as attempted suicide.