Supreme Court prioritises 15-year-old girl’s choice; grants permission for abortion

NEW DELHI: The Supreme Court has granted permission for a 15-year-old girl to undergo an abortion, emphasising that the primary consideration remains the preference of the girl who does not wish to have the child. The case reached the court following a pregnancy involving minor partners. The mother of the girl had approached the Supreme Court seeking the termination of the pregnancy. A bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan observed that the girl is already exhibiting signs of significant mental distress.

The court noted that a minor girl who is seven months pregnant cannot be compelled to carry or give birth to an unwanted pregnancy. To do so would be an encroachment upon her right to life and would have lasting mental, emotional, and physical impacts. Furthermore, an unwanted pregnancy would inevitably affect the well-being of the child to be born.

Solicitor General Tushar Mehta informed the court that, according to the medical report, there were potential risks to both the mother and the fetus. However, the court rejected the argument that the central government could facilitate the child's adoption if the pregnancy were carried to term. The bench remarked that while it is easy to tell a young girl to simply give the child up for adoption, her individual decision to seek an abortion must be respected. Consequently, the court granted permission to proceed with the termination at AIIMS Delhi, ensuring all necessary medical precautions are taken.