Minor Granted Permission for Abortion; Court Highlights Constitutional Rights

The Supreme Court has granted permission to a 15-year-old minor to undergo an abortion, in a significant and sensitive case. The girl, who was more than seven months pregnant, had approached the court seeking approval for the procedure. A bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan observed that no court can compel a woman, especially a minor, to continue with a pregnancy against her will. The bench emphasized that the wishes and decision of the pregnant individual must take precedence over the future of the unborn child. The court further clarified that forcing a woman to carry a pregnancy against her consent would amount to a direct violation of her constitutional rights. Referring to Article 21 of the Constitution, the bench noted that the right to life and personal liberty includes the right to make decisions about one’s own body. It stressed that this right becomes even more critical in cases involving minors and unwanted pregnancies. In its ruling, the Supreme Court highlighted that continuing such a pregnancy could have severe consequences for the minor’s mental health, education, social standing, and overall future. The bench also remarked that suggesting adoption as an alternative is insensitive and impractical in such circumstances. Compelling a woman to give birth to an unwanted child undermines her rights and interests. The court also warned that denying relief in such cases may push individuals toward illegal and unsafe methods, thereby putting women’s lives at greater risk. It was noted during the proceedings that the minor had attempted to take her own life twice, indicating the extent of mental distress she was experiencing.