New Delhi: The Supreme Court on Friday allowed medical termination of a 17-year-old girl’s 30-week pregnancy, stating that courts cannot force a woman, especially a minor, if she does not want to continue with the pregnancy.A bench of Justices BV Nagarathna and Ujjal Bhuyan said the key issue was the right of a minor to decide whether to continue the pregnancy. They observed that the girl was a minor, was in an unfortunate situation and did not want to have children. The court also considered a report from the hospital’s medical board which said there would be no threat to the life of the mother or the child if the pregnancy continued. However, the judge said the girl’s reproductive autonomy must be respected.During the hearing, Justice Nagaratna said such cases involve difficult ethical and legal issues. She noted that if courts do not allow safe medical termination of pregnancy in such circumstances, people may turn to unauthorized and unsafe medical providers, which can be dangerous.Why the ruling is importantMedical Termination of Pregnancy (MTP) is legal in India under the Medical Termination of Pregnancy (Amendment) Act, 2021. The law allows abortion up to 20 weeks with the opinion of a doctor. For certain categories, including minors, rape survivors and disabled women, abortion is allowed between 20 and 24 weeks with the opinion of two doctors. The law also applies to unmarried women. By allowing the termination of pregnancy, the Supreme Court also stated that each case must be considered on its own facts, especially when a minor is involved and has a clear stated unwillingness to continue the pregnancy. The decision emphasizes that courts can step in when needed to protect women’s rights, safety and dignity.
