Supreme Court directs Mumbai's JJ Hospital to terminate 30-week pregnancy of minor

The Supreme Court on Friday while permitting the medical termination of a 30week pregnancy of a 17yearold girl said that courts cannot force a woman especially a minor to continue a pregnancyA bench of Justices B V Nagarathna and Ujjal Bhuyan noted that the girl became pregnant while in a relationship with a neighbourhood boy and had approached the court seeking termination of the pregnancyThe bench directed Mumbairsquos JJ Hospital to perform the medical termination while ensuring that all requisite medical safeguards are in place reported news agency PTIPregnancy of minor lsquoex facie illegitimatersquo SC focuses on reproductive choiceThe court observed that it had considered the right of the minor to continue the pregnancy which on the face of it was ldquoillegitimaterdquo as she herself is a minor and was facing the pregnancy due to an unfortunate situation arising from a relationship It said the issue was not whether the relationship was consensual or the result of sexual assaultldquoWhat has to be considered in the instant case is the right of the minor child to continue a pregnancy which is ex facie illegitimate inasmuch as she is a minor and has to face this unfortunate situation owing to a relationship she had The issue is not whether the relationship was consensual or whether it was a case of sexual assault Ultimately the fact is that the child to be born is not legitimate and secondly the mothertobe does not want to bear the childrdquo the bench said reported PTIThe top court took note of the medical boardrsquos report stating that there was no threat to the life of either the mother or the child if the pregnancy were carried to full termldquoIf the interest of the mother is to be taken note of then her reproductive autonomy must be given sufficient emphasis The court cannot compel any woman much less a minor child to complete her pregnancy if she is otherwise not intending to do sordquo the bench saidCourts must address abortion pleas to prevent unsafe practices says Justice NagarathnaDuring the hearing Justice Nagarathna referred to the difficult moral and legal questions involved and observed that if courts do not address medical termination requests people may turn to quacks and illegal medical establishments which would be unsafeThe court said that while the birth of a child ultimately results in a life the decisive factor in the present case was the clear and consistent unwillingness of the minor to continue the pregnancyldquoIt is also difficult for us but there is no other way Should we compel her to give birth to a child Because the child that will be born is also ultimately going to be a life There is another questionmdashif she can terminate the pregnancy at 24 weeks then why not at 30 weeks Ultimately she does not want to continue the pregnancy The bottom line is that she does not want to give birthrdquo the bench observed reported PTIIt added that it often takes time to decide whether to terminate a pregnancy ldquoThere are many cases where termination takes place beyond what is stipulated under the MTP Medical Termination of Pregnancy Act 1971 and doctors refuse to carry it out Where will such people go To quacks and unauthorised doctors That will be dangerousrdquo it saidCounsel appearing for the Maharashtra government submitted that according to medical reports even if the child were born at present the baby would be alive and one of the views taken by the high court was that the child could be given to an orphanage if the mother did not wish to keep itThe top court said it would release the operative part of the order for the benefit of the hospital and that a detailed order would followWith PTI inputs