The Supreme Court on Friday, 24th April, allowed a 15-year-old girl to terminate her pregnancy, which had crossed seven months medically. The court made it clear that no woman, especially a minor, can be forced to continue a pregnancy against her wishes.
A bench of Justices BV Nagarathna and Ujjal Bhuyan said that a woman’s choice must come first, even over the interests of the unborn child. The judges highlighted that the right to make decisions about one’s body is a key part of personal liberty.
“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 bench said.
STORY | No court can force minor to carry pregnancy against her will: SC
— Press Trust of India (@PTI_News) April 24, 2026
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… pic.twitter.com/JaXNso06cP
The court also made it clear that this right cannot be weakened by putting unnecessary restrictions, especially in cases involving minors and unwanted pregnancies. “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 judges added.
Concern over mental and physical impact
The bench noted that forcing the minor to continue the pregnancy could have serious long-term effects on her mental health, education, and overall life. It said such a decision could lead to “grave mental, emotional, and physical trauma.”
The judges also pointed out that denying permission in such cases could push women towards unsafe and illegal abortion methods. “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… which would make the pregnant woman more vulnerable,” the court observed.
Adoption not a valid alternative, says court
During the hearing, the argument was made that the child could be given up for adoption after birth. However, the court rejected this idea, saying it cannot override the wishes of the woman.
“It is easy to say that if the pregnant woman is not interested in raising the child, she may give the child up for adoption… That cannot be a consideration,” the bench said.
The court stressed that forcing a woman to give birth just for adoption ignores her well-being and reduces her rights. It added that such an approach would make the woman’s welfare secondary to that of the unborn child, which is not acceptable under constitutional principles.
Decision based on minor’s best interest
Taking into account the girl’s young age, the unwanted nature of the pregnancy, and reports that she had even tried to harm herself, the court concluded that continuing the pregnancy would not be in her best interest.
The judges said that courts must look at such cases from the perspective of the woman seeking termination, not from that of the unborn child. They emphasised that reproductive autonomy is a fundamental right and must be protected.
