The Supreme Court on Friday allowed a 15-year old minor to medically terminate her over 28-week pregnancy.
Published: April 24, 2026 10:45 PM IST
New Delhi: In a major judgment, the Supreme Court on Friday allowed a 15-year-old girl to terminate her over 28-week (7-month) pregnancy, saying that no court in the country can force a woman, including a minor, to carry a pregnancy against her will. A bench of Justices BV Nagarathna and Ujjal Bhuyan said the woman’s choice is more important than that of the unborn child, emphasising that forcing a minor to continue the pregnancy could harm her mental health and overall development.
Allowing the minor to undergo medical termination, the bench said that in cases of unwanted pregnancy, directing continuation would negate her dignity, autonomy, and long-term well-being.
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The constitutional courts must prioritise the wishes and welfare of the pregnant woman over procedural and statutory limitations under the Medical Termination of Pregnancy (MTP) Act when faced with cases of unwanted pregnancies likely to cause severe mental and physical trauma, it added.
“If she is forced to continue the pregnancy and give birth to a child, the consequence would be adverse. An unwanted pregnancy and the mindset of a pregnant woman has a bearing on the child to be born too. The decision not to continue her pregnancy and seek termination with all attendant medical risk must be respected rather than compelling such a pregnant woman to continue such a pregnancy,” observed the bench.
The bench also expressed concern that if courts routinely declined permission in such cases, minors might resort to unsafe and illegal abortion methods.
It also said that forcing continuation of such an unwanted pregnancy would have long-lasting repercussions on the minor’s mental health, educational prospects, social standing and overall development.
The apex court was hearing a plea filed by the mother of the minor seeking permission for medical termination of pregnancy beyond the statutory period prescribed under the MPT Act.
Adoption Not A Ground To Force Childbirth
The top court also took into consideration that the pregnancy arose from a consensual relationship between two minors and that the girl had unequivocally expressed her unwillingness to continue with the pregnancy.
The bench also rejected the argument that the child could be given up for adoption after birth, and observed that what is relevant in such cases is the choice of the pregnant woman rather than that of the child to be born, and that the availability of adoption cannot be used as a reason to compel childbirth.
In this case, the minor girl clearly expressed that she is not ready to continue with the pregnancy. Hence, the Supreme Court allowed her to undergo medical termination of pregnancy at AIIMS (Delhi), with all the necessary medical safeguards.
The MTP Act
The MTP Act, which was passed in 1971 and amended in 2021, permits women to undergo the procedure of abortion for up to 20 weeks. It also allows extensions in cases related to mental distress, rape, assault and health issues.
(with ANI inputs)
