NEW DELHI: India’s Supreme Court on Thursday said the government must respect citizens’ autonomy of choice as a minor cannot bear the burden of motherhood and lifelong shame, rejecting repeated requests to reconsider its order to terminate a 15-year-old girl’s 30-week pregnancy citing health hazards to the girl and the fetus.A bench of Justices CJI Surya Kant and Joymalya Bagchi reiterated that the state prioritizes the personal and bodily autonomy of citizens and asked AIIMS to explain the pros and cons of terminating the pregnancy to the parents of the girl, who was conceived during a relationship with a 17-year-old boy.Additional Solicitor General Aishwarya Bhati, who was present at AIIMS, made an impassioned and moving plea, saying termination of pregnancy in such circumstances was not possible and had to be premature, which would lead to future reproductive complications for the girl, while the baby would be born with multiple malformations and require long-term neonatal intensive care. AIIMS professors Aparna Sharma (Gynecology) and Ramesh Agarwal (Pediatrics) said if it can be delayed by four weeks, it would be a normal delivery and the child would be healthy and the risk to the pregnant girl would be minimal. They said the state would take care of the baby and the chances of adopting a normal child would be higher.“The identity of the girl and the baby will be kept secret. This type of abortion will be harmful to both the mother and the baby,” Bhatti said.CJI Kant understands the ethical dilemma faced by doctors but remains firm that the choice made by parents of minors after being informed of possible future complications should take precedence. The SC said it would not entertain AIIMS’ treatment plea, which also failed to convince the bench headed by Justice BV Nagarathna to review its decision to terminate the pregnancy.Supreme Court says doctors cannot be masters of people’s willAdditional Solicitor General Aishwarya Bhati, who appeared in court, said that if the delivery had been a normal one, “the identities of the girl and the baby would have been kept secret”. “This type of abortion is harmful to both the mother and the baby,” she added.Batty’s persistent attempts at persuasion drew a strong reaction from Judge Joymaria Bacchi, who said: “Respect citizens’ choices. Share your data and let them choose. If they choose to preserve a life that we know is terminal, so be it. If they choose to terminate a pregnancy to heal the stigma and pain, including mental health, then so be it.” Please do not force your request for treatment. If a request for treatment is to be submitted, it should be submitted by the parents and not by AIIMS. “What is your ‘parent’s’ approach,” Judge Budge expressed anger at doctors taking it upon themselves to decide the best course of treatment? Your current “parent” approach is “I will make choices for my citizens, rather than letting the citizens make informed choices.”“Parens patriae” refers to the paternalistic protective role that a state or court has over its citizens.“Medical staff cannot be the masters of the people’s will because of their professional knowledge. The people will decide. Doctors cannot make decisions for patients…” he said.When Badty tried to explain the medical complications, Judge Badge said: “Let’s not let it become a fight between the state and the citizens. That’s how you describe it. Go back and advise parents on the complexities of the sport and the harm that can be done to 15-year-olds and tell them to make informed choices.”“Once the state gets involved, it creates an adversarial atmosphere and that is not good,” the Supreme Court judge said, adding, “As in the case of surgery, after the consequences are spelled out, the decision is taken by the patient and that decision is respected. We will respect that decision.”CJI Surya Kant said, “I’m sorry there is nothing we can do. This is a battle between the fetus and the child. The child (a 15-year-old girl) has to survive and live a dignified life.” She cannot be forced to have a child. We understand the dilemma doctors face due to professional ethics and medical ethics. But allowing the termination of the pregnancy can bring comfort to the child and free her from lifelong scars and shame. ““What is the reality? Can she become a mother at the age of 15? We have to decide which is less painful and humiliating between terminating the pregnancy or making a 15-year-old girl a mother. We understand the pain expressed by the doctors,” CJI Kant added.
