The Supreme Court of India delivered a landmark judgement on Friday, February 6, giving paramount importance to a woman’s right to make independent reproductive decisions. The apex court granted permission for the abortion of a 30-week pregnancy to an 18-year-old woman.
Supreme Court upholds woman’s reproductive autonomy
A Bench comprising Justice B V Nagarathna and Justice Ujjal Bhuyan observed, “If the interest of the mother is to be taken note of, then her reproductive autonomy must be given sufficient emphasis. The court cannot compel any woman much less a minor child to complete her pregnancy if she is otherwise not intending to do so.”
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It was submitted before the court that the woman became pregnant at the age of 17 following a physical relationship with a friend. She is now 18 years and four months old. Her counsel argued that the pregnancy was causing her severe physical and mental distress and would adversely affect her social standing.
Apex Court overturns Bombay High Court ruling
Earlier, the petitioner moved to the Bombay High Court. Where the court had rejected her plea, observing that terminating such an advanced pregnancy would amount to “foeticide.” The High Court had suggested that the woman carry the pregnancy to term and give the child up for adoption.
Under Indian law, abortion is permitted up to 20 weeks at the woman’s discretion. Between 20 and 24 weeks, approval from a medical board is required. Beyond 24 weeks, termination can be allowed only with court permission.
In this regard, Justice Nagarathna said, "It is also difficult for us but what to do. Whether we should compel her to give birth to a child? Because the child which will be born is also ultimately going to be a life. Then there is another question if she can terminate at 24 weeks why not at 30 weeks? Ultimately she doesn't want to continue the pregnancy. Bottom line is she doesn't want to give birth, that is the difficulty."
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The Supreme Court dismissed the Bombay High Court’s ruling, clearly stating that a woman’s reproductive autonomy outweighs the rights of the foetus when the woman has expressed her unwillingness to continue the pregnancy. After examining the medical board’s report and being satisfied that the procedure posed no risk to her life, the court granted permission for the abortion.
