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Minor Cannot Be Forced Into Motherhood Says Supreme Court

Top court stresses reproductive autonomy while allowing termination of 30 week pregnancy of a 17 year old girl

The Edge Media by The Edge Media
3 weeks ago
in City edge, Health & Medical, Main Story, Medical & Health, National Edge, Social Edge, State Edge
Reading Time: 2 mins read
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High Court Takes Cognisance of Harassment of Girls Near Schools in Lucknow

This judgment reinforces the principle that reproductive freedom and consent are essential rights.

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New Delhi | The Supreme Court has delivered a significant ruling stating that no woman, particularly a minor, can be compelled to become a mother against her will. Emphasising the importance of reproductive autonomy, the court observed that a girl has the right to decide whether she wishes to continue or terminate a pregnancy.

The ruling came while hearing the case of a 17 year old girl who was 30 weeks pregnant. The court allowed medical termination of the pregnancy under strict medical supervision, noting that forcing a minor to carry a pregnancy would violate her personal liberty and bodily autonomy.

A bench comprising Justice B V Nagarathna and Justice Ujjal Bhuyan underlined that reproductive choices are a fundamental aspect of personal dignity.

The judges said that a woman’s consent is central to decisions related to pregnancy, and courts cannot override that choice, especially when the pregnant individual is a minor facing physical and emotional distress.

The court examined the medical board’s report, which stated that termination at this stage would not pose a serious threat to the life of the girl if conducted under expert medical care. Taking this into account, the bench permitted the procedure at a government hospital in Mumbai, ensuring that all necessary safeguards would be followed.

The judges further clarified that the legality of the pregnancy, whether it resulted from consensual relations or otherwise, is not the primary issue in such cases. What matters is the well being of the minor and her clear unwillingness to continue the pregnancy. The court reiterated that no girl should be forced into motherhood simply because the pregnancy has crossed a certain duration.

This judgment reinforces the principle that reproductive freedom and consent are essential rights, and minors deserve special protection under the law when facing such life altering situations.

Tags: abortion lawIndian Judiciarymedical termination of pregnancyminor pregnancyreproductive rightsSupreme Courtwomen rights
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