Kamal Ghorui
NEW DELHI: The Supreme Court on Friday allowed the medical termination of a 30-week pregnancy of a 17-year-old girl, observing that courts could not force a woman, especially a minor, to continue a pregnancy if she does not want to.A bench of Justices B V Nagarathna and Ujjal Bhuyan said the key issue was the minor’s right to decide whether she wanted to continue the pregnancy. They observed that the girl was a minor facing an unfortunate situation and did not wish to give birth. The court also considered the hospital medical board’s report, which stated there was no threat to the life of the mother or the child if the pregnancy continued. However, the judges said the girl’s reproductive autonomy must be respected.During the hearing, Justice Nagarathna said such cases involve difficult moral and legal questions. She pointed out that if courts do not allow safe medical termination in such situations, people may turn to unauthorised and unsafe medical providers, which can be dangerous.Why the ruling mattersMedical 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 one doctor. For certain categories, including minors, rape survivors, and women with disabilities, 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, the Supreme Court also showed that each case must be considered on its own facts, especially when a minor is involved and has clearly expressed unwillingness to continue the pregnancy. The decision underlines that courts can step in to protect the rights, safety, and dignity of women when required.
