Supreme Court Decision on Medical Termination of Pregnancy

The Supreme Court of India has directed the medical termination of a 30-week pregnancy for a 17-year-old girl. This case has raised important legal and ethical questions regarding reproductive rights, especially concerning minors.

Case Details

• The pregnancy was a result of a relationship with a neighborhood boy.
• The girl, being a minor, sought to terminate the pregnancy.
• The court, comprising Justices B V Nagarathna and Ujjal Bhuyan, stressed that courts cannot compel a woman, especially a minor, to continue a pregnancy.

Medical and Legal Considerations

• The court noted the absence of a threat to the life of the mother or child if the pregnancy were carried to full term.
• Emphasis was placed on the girl's reproductive autonomy and her clear unwillingness to continue the pregnancy.
• The Medical Termination of Pregnancy (MTP) Act of 1971 was referenced regarding procedural timelines.

Ethical Implications

• Justice Nagarathna highlighted challenges related to morality and legality in such cases.
• Concerns were raised about the potential dangers of illegal abortions if the court did not intervene.

Remarks and Future Implications

• The court highlighted the necessity of considering the interests and autonomy of the pregnant minor.
• It was noted that if the pregnancy could be terminated at 24 weeks, similar considerations should apply at 30 weeks if the mother is unwilling to continue.
• The court planned to release a detailed order following the immediate directive.