In a sensitive and closely watched hearing, the Supreme Court of India on Friday allowed a minor girl to terminate her 30-week pregnancy, firmly stating that no court can compel a woman-especially a minor-to continue an unwanted pregnancy.
The order came from a Bench led by Justice B V Nagarathna and Justice Ujjal Bhuyan, who repeatedly stressed that a woman’s reproductive autonomy lies at the heart of constitutional dignity and personal liberty.
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Background of the Case
The case reached the Supreme Court after a minor girl sought permission to medically terminate her pregnancy, which had crossed the 30-week mark. Under Indian law, abortions beyond a specified gestational limit require judicial approval, particularly in complex or exceptional circumstances.
The pregnancy occurred while the girl was still a minor. Throughout the proceedings, it remained clear that she did not wish to continue with the pregnancy. Her stance was consistent and unequivocal, a fact that weighed heavily with the Bench.
Notably, the court made it clear at the outset that it was not examining the nature of the relationship that led to the pregnancy. Whether it was consensual or involved sexual assault, the judges said, was not the issue before them.
Court’s Observation
During the hearing, the Bench described the pregnancy as “ex facie illegitimate,” explaining that the term was used because the girl herself was a minor when she became pregnant. The judges emphasised that the focus must remain on her rights, not on moral judgments surrounding the circumstances.
“The issue is not whether the relationship was consensual or whether it was the case of sexual assault,” the court observed. “What has to be considered is the right of the minor child to continue a pregnancy which she does not want.”
The judges noted two undeniable facts: first, that the unborn child would be born out of a pregnancy involving a minor, and second, that the mother-to-be had clearly refused to carry the pregnancy forward.
“If the interest of the mother is to be taken note of, then her reproductive autonomy must be given sufficient emphasis,” the Bench said. “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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Justice Nagarathna on the Moral Dilemma
Justice Nagarathna, speaking during the hearing, acknowledged that the case raised difficult moral and legal questions. She candidly reflected on the tension between the value of life and the rights of the pregnant minor.
“It is also difficult for us,” she said in court. “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.”
At the same time, she pointed out the inconsistency that would arise if termination were permitted at 24 weeks but denied at 30 weeks, despite the woman’s clear unwillingness.
“Ultimately, she doesn’t want to continue the pregnancy,” Justice Nagarathna remarked. “Bottom line is she doesn’t want to give birth. That is the difficulty.”
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The Court’s Decision
After considering the minor’s repeated refusal to continue the pregnancy and the broader principle of bodily autonomy, the Supreme Court allowed the termination.
The Bench directed JJ Hospital Mumbai to carry out the medical procedure, instructing the hospital to ensure that all necessary medical safeguards are followed to protect the girl’s health and safety.
With this direction, the court brought the matter to a close, reaffirming that reproductive choice, especially in the case of minors, cannot be overridden by judicial or societal pressure.
Case Title: A (Mother of X) vs State of Maharashtra
Case No.: SLP (C) No. 4774 of 2026
