The Supreme Court has delivered a landmark judgment affirming a woman’s reproductive autonomy by permitting the termination of a 30-week pregnancy. The court emphasized that no woman can be forced to continue her pregnancy against her will.

In a bench led by Justice B. V. Nagarathna, the Supreme Court overturned the Bombay High Court’s earlier refusal to allow the abortion. The High Court had suggested that the young woman should give birth and consider adoption later. The Supreme Court strongly rejected this, stating that forcing any woman to continue pregnancy without her consent is unacceptable.

The case involved an 18-year-old woman who conceived at 17 due to a relationship with a friend. The court recognized that continuing the pregnancy would cause severe mental and physical distress to the woman. A medical board confirmed that the abortion procedure did not pose a serious risk to her life.

The woman’s lawyer argued that delivering an illegitimate child would subject her to social stigma and deep mental trauma. The court agreed, underlining the importance of protecting the appellant’s rights despite delays in decision-making. Justice Nagarathna posed a crucial question during the hearing: Should the interest of an unborn child or the mother giving birth be prioritized? She also expressed concern that legal complications often drive women to unqualified practitioners, endangering their lives.

After hearing all arguments, the bench stated the key issue was the woman’s unwillingness to continue the pregnancy. The court clarified that the matter was not about consent to the relationship but that the child was illegitimate and the mother did not wish to give birth. The reproductive autonomy of the woman must be upheld.

Under Indian law, the Medical Termination of Pregnancy (MTP) Act permits women to decide on abortion up to 20 weeks. Between 20 to 24 weeks, medical board approval is required. Beyond 24 weeks, only a court can grant permission for termination. The Supreme Court accepted the appeal and allowed the abortion at 30 weeks, directing the petitioner to provide written consent.