No court can force minor to carry pregnancy against her will: Supreme Court

Mangalore Today News Network

New Delhi, Apr 24, 2026: The Supreme Court on Friday allowed a 15-year-old girl to medically terminate her over seven-month pregnancy, observing that no court can compel a woman, especially a minor, to continue a pregnancy against her will.

A bench comprising Justices BV Nagarathna and Ujjal Bhuyan said that the choice of the pregnant woman must take precedence over that of the unborn child.

The court noted that forcing the minor to continue the pregnancy could have severe and long-lasting effects on her mental health, education, social standing, and overall development.

Emphasising reproductive autonomy as a fundamental right, the bench said compelling a woman to carry an unwanted pregnancy would violate her constitutional rights under Article 21 of the Constitution, which guarantees personal liberty and privacy.

“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. No court ought to compel any woman, and more so a minor child, to carry a pregnancy to full term against her express will,” the bench observed.

The judges stated that such compulsion would disregard the woman’s decision-making autonomy and could cause serious mental, emotional, and physical trauma.

The court also rejected the argument that the child could be given up for adoption after birth, saying that such a suggestion cannot override the wishes of a woman facing an unwanted pregnancy.

“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. That cannot be a consideration, particularly in cases where the child to be born is unwanted,” the bench said.

The court stressed that constitutional courts must assess such cases from the perspective of the woman seeking termination rather than prioritising the unborn child.

It further warned that denying legal relief in such situations could force women to seek unsafe and illegal abortions, putting their health and lives at greater risk.

Considering the minor’s age, the unwanted nature of the pregnancy, and reports of her attempts to end her life, the court concluded that continuing the pregnancy was not in her best interest and permitted the medical termination.