New Delhi: In a landmark decision, the Supreme Court stated unequivocally that no court can compel a woman, especially a minor, to continue a pregnancy against her will. It was observed by the Supreme Court of India, in a case of a 15-year-old girl seeking permission to medically terminate her pregnancy that was more than seven months old. Taking a highly sensitive stance in respect of the issue at hand, Justice B.V. Nagarathna and Justice Ujjal Bhuyan stated that the wishes of the pregnant woman should be of utmost importance and not the future of the child.
According to the decision of the Supreme Court of India, the pregnant woman cannot be compelled to carry out an unwanted pregnancy, irrespective of the fact that the child could be given up for adoption later.
The Supreme Court of India in its ruling handed down on Friday, stated that it cannot compel a woman to undergo an unwanted pregnancy, although she can give the child up for adoption at a later stage. The decision stated that in all cases, the most important aspect is not the future of the baby but the wishes and well-being of the pregnant mother.
It was further stated by the court that if relief is not provided in such matters by the court, it would be left to the individuals to resort to illegal means, thereby endangering the lives of the women. It was also noted from this matter that the girl had made two attempts to commit suicide, showing the level of mental stress that she had been through.
A bench led by Justices B.V. Nagarathna and Ujjwal Bhuyan has allowed a medical termination of pregnancy for a 15-year-old girl, who is over seven months pregnant. The court highlighted that compelling the minor to continue with pregnancy could cause mental and physical agony to her considering that she does not want to have it done.
Tushar Mehta, Solicitor General, stated that termination of pregnancy may risk the lives of both the girl and the baby. The Justice pointed out that the court cannot compel the girl to adopt the baby and seek financial help instead. How could the court compel her to continue her pregnancy if she does not want to?
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