Observing that no court can force a woman,
especially a minor, to carry a pregnancy against her will, the Supreme Court on
Friday allowed a 15-year old girl to medically terminate her over seven-month
pregnancy.
A bench of Justices BV Nagarathna and Ujjal Bhuyan
said the choice of the pregnant woman is relevant rather than that of the child
to be born and stressed that continuation of such a pregnancy could have long
lasting repercussions on the minor's mental health, educational prospects,
social standing and overall development.
The top court 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.
"No court ought to compel any woman and more so
a minor child to carry a pregnancy to full term against her express will. Such
compulsion would not only disregard her decision autonomy but also inflict
grave mental emotional and physical trauma in case she is compelled to give
birth," the bench said.
In the circumstances denying relief would compel the
minor to endure irreversible consequences and such an approach would be
contrary to the constitutional and settled principles recognising reproductive
choice is a fundamental right.
The apex court said the choice of the pregnant woman
is relevant rather than that of the child to be born.
"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.
"That cannot be a consideration particularly in
cases where the child to be born is unwanted. In such a situation, directing
the pregnant woman to give birth to the child against her wishes and,
therefore, continue her pregnancy would negate the welfare of the pregnant
woman and make it subordinate to the child yet to be born," the bench
said.
It said the constitutional courts must weigh the
circumstances in which a case in relation in relation to the welfare of the
pregnant woman has to be considered rather than the child to be born.
"The constitutional Court ought to weigh all
facts and circumstances from the lens of the party who intends to terminate the
pregnancy and is willing to undertake the medical risks rather than directing
completion of the pregnancy and giving birth to an unwanted child.
"If the constitutional Court states that even
an unwanted pregnancy has to be continued then instead of approaching the court
for permission parties then visit illegal abortion centres or secretly undergo
termination of such a pregnancy which would make the pregnant woman more
vulnerable and exposed to dangers," the bench said.
The top court said the
minor in this case is 15 years old and the pregnancy is unwanted and continuing
the pregnancy is not in the interest of the pregnant minor particularly when
she has attempted to foreclose her life on two occasions.