Cannot force a minor to carry pregnancy against her will, says SC

• The Supreme Court said that no court can force a woman, especially a minor, to carry a pregnancy against her will.

• The apex court allowed a 15-year old girl to medically terminate her over 28-week pregnancy.

• A bench of Justices B.V. Nagarathna and Ujjal Bhuyan said the choice of the pregnant woman is relevant rather than that of the child to be born.

• A bench underscored that constitutional courts must prioritise the wishes and welfare of the pregnant woman over procedural and statutory limitations under the Medical Termination of Pregnancy (MTP) Act when faced with cases of unwanted pregnancies likely to cause severe mental and physical trauma.

• The judges remarked that the reproductive autonomy of a woman must be accorded the highest importance and if a woman, carrying an unwanted pregnancy, is compelled to continue it then her constitutional rights would be breached.

• The right to make decisions concerning one’s body particularly in matters of reproduction is an integral facet of personal liberty and privacy under Article 21 of the Constitution. 

• The right cannot be rendered ineffective by imposing unreasonable restrictions especially in cases involving minors and unwanted pregnancies such as in the instant case.

• The court noted that it is easy to say that if the pregnant woman is not interested in raising the child she may give away the child in adoption and, therefore, she must give birth to the child.

• In such a situation, directing the pregnant woman to give birth to the child against her wishes and, therefore, continuing her pregnancy would negate the welfare of the pregnant woman and make it subordinate to the child yet to be born, the bench said.