Supreme Court Allows Minor to Terminate 7-Month Pregnancy, Affirms Primacy of Reproductive Autonomy

April 24, 2026 : The Supreme Court of India has permitted a 15-year-old girl to medically terminate her pregnancy beyond seven months, holding that no court can compel a woman, especially a minor, to continue an unwanted pregnancy.

A Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan stressed that reproductive autonomy must be given paramount importance. The Court observed that forcing a minor to carry a pregnancy against her will would violate her fundamental rights under Article 21, including personal liberty, privacy, and bodily integrity.

The Bench noted that continuation of the pregnancy could have serious and lasting consequences on the minor’s mental health, education, social standing, and overall development. It held that the decision of the pregnant minor must take precedence over considerations relating to the unborn child.

Rejecting the argument that the child could be given up for adoption after birth, the Court said such reasoning cannot justify compelling a woman to continue an unwanted pregnancy, as it would subordinate her welfare and undermine her autonomy.

The Court further directed constitutional courts to assess such cases from the perspective of the pregnant individual, particularly where she is willing to undertake the medical risks involved in termination. It warned that denying relief in such situations could drive individuals toward unsafe or illegal abortions, posing serious risks to their health.

Taking into account the minor’s age, the advanced stage of pregnancy, and the fact that she had attempted suicide twice, the Court held that forcing her to continue the pregnancy would cause irreversible harm and run contrary to established constitutional principles recognising reproductive choice as a fundamental right.