“Choice over pregnancy is a right”: SC allows minor end 30-week pregnancy

The Supreme Court on Friday allowed a 17-year-old girl to medically terminate her 30-week pregnancy, marking a significant pro-choice verdict that underscores the importance of reproductive autonomy , even for minors.

The case came before a bench of Justices B V Nagarathna and Ujjal Bhuyan, after the teenage girl, who became pregnant during a relationship with a neighbour, sought the termination of her pregnancy. The bench directed Mumbai’s JJ Hospital to carry out the procedure while ensuring that all medical safeguards were strictly followed.

The court emphasised that the matter was not about the nature of the relationship, whether consensual or a case of sexual assault, but about the right of the minor to make decisions regarding her own body . Observing that the pregnancy arose from an unfortunate situation, the bench said, “Ultimately, the child to be is not legitimate and the mother-to-be does not want to bear the child.”

Medical reports confirmed that there was no immediate threat to the life of the mother or the fetus if the pregnancy continued. However, the bench highlighted that the mother’s safety and autonomy must take precedence . Justice Nagarathna noted the moral and legal complexities involved, warning that denying medical termination could drive women toward unsafe procedures or unqualified practitioners, putting their lives at risk.

The court also addressed the timing of the termination, noting that while the Medical Termination of Pregnancy (MTP) Act, 1971 , generally permits termination up to 24 weeks, exceptional circumstances can allow extension. “If termination can be allowed at 24 weeks, why not at 30 weeks?” the bench asked, underlining that the minor’s clear and consistent unwillingness to continue the pregnancy is decisive .

While the option existed to let the child be born and placed in an orphanage, the court made it clear that the minor’s choice and well-being take priority. The operating part of the order was released immediately for the hospital, with a detailed judgment to follow.

Legal experts said this ruling is a landmark pro-choice decision , reinforcing that women’s reproductive rights are fundamental and that no court can compel a woman, even a minor, to carry a pregnancy against her will. The Supreme Court’s decision marks a significant step in prioritising the safety, autonomy, and rights of minors facing complex reproductive choices.