'Can't be compelled': SC allows termination of minor's 30-wk fetus

NEW DELHI: It was difficult for Supreme Court to decide - protect the interests of a 30-week pregnant minor girl who did not want an illegitimate child and seek termination of pregnancy or save the unborn child who, as a 30-week fetus, has a beating heart. But the scale of justice tilted in favour of the girl and SC allowed termination of pregnancy, saying she can't be compelled to give birth to a child.

Finding itself in the tricky situation as it was asked to prioritise the competing interests, a bench of Justices B V Nagarathna and Ujjal Bhuyan admitted it was not easy for it to decide the case. The court finally allowed the plea of the pregnant girl's mother.

Minor has right over reproductive choice: Supreme Court

NEW DELHI: A minor's mother sought Supreme Court's permission for termination of her daughter's pregnancy, taking into consideration that the child would be illegitimate and the girl had to live her life with mental trauma and social stigma. The court said the girl has a right over her reproductive autonomy.

The Medical Termination of Pregnancy (MTP) Act, 1971 allows abortion up to 20 weeks based on the opinion of one registered medical practitioner, and up to 24 weeks for specific categories of women (including rape survivors and minors) with the opinion of two doctors.

Contending that she did not want to give birth to the child, the petitioner sought abortion on the grounds that continuing with pregnancy and giving birth would cause her trauma. Maharashtra govt however, told the court that the fetus at 30 weeks had a beating heart and termination at this stage would result in premature birth of a child who would face the risk of abnormality. The lawyer for the state, Devanshi Singh, contended that the baby could be handed over to an orphanage.

The bench asked the state whose interests it was trying to protect. The lawyer responded that it was for the court to take a call. She also brought to the notice of the bench an earlier order passed by SC in 2017, when termination of more than 30 weeks pregnancy was allowed as the girl was only 13 and a rape survivor.

Considering the totality of the situation, the court passed the order in favour of the girl but said that termination of pregnancy should not result in feticide. "It is an illegitimate child. We don't want to comment on the relationship. They cannot get married and she has to carry the stigma for the rest of her life. We have to consider her mental aspect. Can the court ask her to continue with the pregnancy and deliver the child? If we do, then people would not come to court to seek permission and they would go to quack and illegal centres for abortion and life and health would be put at risk," the bench said.

"Whose interest would prevail is the question. It is very difficult to decide," the SC bench said.

With any delay likely to complicate the situation further, the bench directed termination of pregnancy. "We direct the JJ Group of Hospitals, Mumbai, to conduct the procedure of medical termination of pregnancy of the daughter of the appellant herein by bearing in mind all medical safeguards," the bench said.

The mother had moved SC, through lawyer Shantanu Adkar, after her plea was rejected by Bombay HC, which had held that a forced termination would amount to feticide as the "fetus is healthy and viable". It had directed that the teen be provided comprehensive medical and psychological support until her delivery and the child be given away to a registered orphanage.

According to the petition, the pregnancy was the result of the girl's relationship with a friend. The mother alleged that the friend had forced the girl into a physical relationship after promising to marry her and FIR had been filed against him.


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