'Court cannot compel...': SC allows 30-week-pregnant minor to have abortion
What's the story
The Supreme Court has allowed the termination of a 30-week pregnancy of a minor. The decision was taken by a bench of Justice BV Nagarathna and Justice Ujjal Bhuyan, who stressed the importance of reproductive autonomy for the pregnant girl. The court said it cannot force any woman, especially a minor, to continue an unwanted pregnancy.
Pregnancy legitimacy
Minor's right to terminate 'ex facie illegitimate' pregnancy
The court noted that the case was about the minor's right to terminate an "ex facie illegitimate" pregnancy. The bench said it was not concerned with whether the relationship leading to this pregnancy was consensual or involved sexual assault. They emphasized that the unborn child is not legitimate and stressed the mother's reproductive autonomy.
Court
Issue is not whether the relationship was consensual
"What has to be considered in the instant case is 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 of having the pregnancy owing to a relationship that she had," the court said. "The issue is not whether the relationship was consensual or whether it was the case of sexual assault."
Bench
'Court cannot compel any woman'
The bench stressed that ultimately the fact is that "the child to be is not legitimate and secondly, the mother to be of the child does not want to bear the child." "If the interest of the mother is to be taken note of, then her reproductive autonomy must be given sufficient emphasis. The court cannot compel any woman much less a minor child to complete her pregnancy if she is otherwise not intending to do so."
Moral dilemma
Justice Nagarathna on reproductive rights
The SC then ordered the termination at Mumbai's JJ Hospital. While delivering the verdict, Justice Nagarathna also acknowledged the moral and legal complexities of the case. She said while bringing a child into this world is a life, the key issue was the minor's consistent unwillingness to continue with her pregnancy. "Then there is another question if she can terminate at 24 weeks why not at 30?....Bottom line is she doesn't want to give birth, that's the difficulty," she said.