Supreme Court Upholds Minor's Right to Choice, Overturns Bombay HC Order

In a significant ruling emphasizing a woman’s right to choose, the Supreme Court has permitted a teenage girl to undergo a 30-week pregnancy termination. This decision sets aside a previous order by the Bombay High Court, which had refused the request and suggested the child be given up for adoption instead.

Justice B.V. Nagarathna, leading the bench, posed a critical question regarding the power of the judiciary over personal liberty. She observed that no court should force a woman, let alone a minor, to give birth against her will. The bench highlighted that while a woman might be physically capable of carrying a child to term, the mental and emotional toll—especially in cases involving a minor and an illegitimate pregnancy—must be prioritized.

Mental Health Over Physical Capacity

During the hearing, the Supreme Court addressed the appeal filed by the minor's mother. The Bombay High Court’s earlier stance was that the girl should deliver the baby and hand it over for adoption. However, the Supreme Court bench, which included Justice Ujjal Bhuyan, firmly disagreed with this approach.

"If a woman does not want to deliver a child, can the Supreme Court compel her to do so?" Justice Nagarathna asked. She noted that forcing a delivery could deter victims and minors from seeking legal help in the future. The court stressed that reproductive autonomy allows a woman to decide her own future, regardless of the stage of pregnancy.

Directives for Safe Procedure

Moving swiftly to aid the petitioner, the court directed the J.J. Group of Hospitals in Mumbai to carry out the medical procedure. The bench instructed the medical team to ensure all necessary safeguards are in place for the minor’s safety. The girl’s mother has been asked to provide a written undertaking consenting to the procedure.

The court acknowledged the moral complexity of late-term abortions but ultimately ruled in favor of the living mother’s rights. Justice Nagarathna remarked on the practical difficulties women face, noting that delays in decision-making often occur due to trauma or lack of guidance. By allowing this 30-week pregnancy termination, the court has reinforced that the right to bodily integrity cannot be compromised.