'Can't force to a woman to become mother': Supreme Court allows termination of 30-week pregnancy of minor
A two-judge bench of the Supreme Court has directed the termination of pregnancy of a woman. The woman had become pregnant when she was a minor and the court cannot force her to become a mother against her will, it noted.
The Supreme Court on Friday stated that a woman, particularly a minor, cannot be forced to continue an unwanted pregnancy against her will, as it permitted the termination of a 30-week pregnancy of a girl, who had become pregnant when she was a minor. The verdict was passed by a two-judge bench that included Justice BV Nagarathna and Justice Nagarathna, which said the foremost consideration must be the rights of the minor girl in such cases.
While passing the verdict, the court observed that the pregnancy occurred as a result of a relationship between the minor girl and a boy. However, whether the relationship was "consensual or not", it is important to note that the girl does not want to bear the child, the apex court highlighted, adding that "ultimately the denominator is the child is illegitimate".
"The issues raised by the respective sides are quite persuasive. But what has to be considered is ultimately the right of the minor child to continue a pregnancy which is ex facie illegitimate in as much as she is a minor and has to face this unfortunate situation owing to a relationship that she had," the two-judge bench said.
Procedure to be carried out at Mumbai's JJ Hospital
The judiciary cannot force a woman to become a mother against her will, the Supreme Court said. The court also directed that the procedure to terminate the pregnancy of the girl will be conducted at the JJ Hospital in Mumbai, while following all necessary protocols.
"The mother’s reproductive autonomy must be given emphasis," the apex court said, "the court cannot compel any woman to complete her pregnancy if she is otherwise not intending to do so. We accept the submissions made by the counsel by the appellant. The appellant’s child may undergo medical termination of pregnancy."
"Needless to observe that the appellant herein shall give a written undertaking consenting to the medical termination of pregnancy," the apex court added.