SC: No court can force minor to continue pregnancy against her will

Story by  PTI | Posted by  Vidushi Gaur | Date 24-04-2026
Supreme Court of India
Supreme Court of India

 

New Delhi

The Supreme Court of India on Friday ruled that no court can compel a woman, particularly a minor, to continue an unwanted pregnancy against her wishes, while permitting a 15-year-old girl to medically terminate a pregnancy of more than seven months.

A bench comprising Justice B V Nagarathna and Justice Ujjal Bhuyan said a woman’s reproductive autonomy must receive the highest constitutional protection. The judges observed that forcing a minor to carry a pregnancy to term would violate her rights to personal liberty and privacy under Article 21 of the Constitution.

The court emphasised that decisions concerning one’s body, especially matters of reproduction, are central to dignity and freedom. It added that compelling a woman to continue an unwanted pregnancy can cause serious emotional, mental and physical trauma.

The bench said the interests and wishes of the pregnant person must take precedence over abstract arguments regarding the unborn child. It rejected the suggestion that a woman should be forced to give birth and later place the child for adoption.

According to the court, such reasoning ignores the welfare of the pregnant person and wrongly subordinates her rights to that of a child yet to be born.

The judges also warned that denying relief in such cases could drive women and girls toward unsafe or illegal abortions, increasing risks to their health and safety.

In the present case, the court noted that the girl was only 15 years old, the pregnancy was unwanted, and continuing it would not be in her best interest. The bench also took into account that she had allegedly attempted to end her life on two occasions.

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The ruling reinforces that reproductive choice is a fundamental right and that courts must assess such cases through the lens of the pregnant person’s welfare, autonomy and medical risks.