New Delhi: The mother of a minor has sought the Supreme Court’s permission to terminate her daughter’s pregnancy considering that the child is illegitimate and the girl has to live with mental trauma and social stigma. The court said girls have reproductive autonomy. The Medical Termination of Pregnancy (MTP) Act, 1971 allows abortion up to 20 weeks on the opinion of one registered medical practitioner and up to 24 weeks on the opinion of two doctors for certain categories of women including rape survivors and minors. The petitioner argued that she did not want to have a child and requested an abortion on the grounds that continuing the pregnancy and childbirth would be traumatic for her. However, the Maharashtra government told the court that the fetus’ heart is still beating at 30 weeks and terminating the pregnancy at this stage would lead to premature birth and risk of malformation. Devanshi Singh, the state’s lawyer, argued that the baby could be given to an orphanage. The judge asked whose interests the state was trying to protect. The lawyer responded that the court needed to answer the call. She also drew the attention of the bench to an earlier order passed by the SC in 2017, which had allowed termination of pregnancy beyond 30 weeks as the girl was only 13 years old and a rape survivor. Taking into account the entire situation, the court passed the order in favor of the girl but said the termination of pregnancy should not lead to abortion. “This was an illegitimate child. We don’t want to comment on the relationship. They were unable to marry, and she was left with a lifetime of shame. We have to consider her psychological aspect. Can the court require her to continue the pregnancy and give birth to the child? If we do that, then people will not come to courts seeking permission, they will go to quack and illegal abortion centers and life and health will be put at risk,” the bench said. “The question is whose interest will prevail. It is difficult to decide,” the SC bench said. Since any delay could further complicate the situation, the judge directed that the pregnancy be terminated. “We direct JJ Group of Hospitals, Mumbai, to carry out medical termination of pregnancy on the appellant’s daughter taking into account all medical safeguards,” the bench said. The mother, through lawyer Shantanu Adkar, moved to the SC after the Bombay High Court dismissed her plea, which held that the forced termination of pregnancy amounted to abortion as “the fetus is healthy and viable”. It directed that the teenager be provided with comprehensive medical and psychological support until she gives birth and that the child be sent to a registered orphanage. The petition said the pregnancy was the result of the girl’s relationship with a friend. The mother alleged that the friend forced her to have physical relations after promising to marry her and an FIR was filed against him.
