Cannot force a minor to carry pregnancy, says SC

NEW DELHI: Allowing medical termination of over seven months’ pregnancy of a 15year-old girl, Supreme Court said that a woman cannot be compelled to continue with an unwanted pregnancy against her wish.

A bench of Justices B V Nagarathna and Ujjal Bhuyan said that forcing a woman, particularly a minor, to carry a pregnancy to full term against her will, would inflict mental, emotional and physical trauma.

Rejecting the suggestion that the girl should be allowed to give birth and the new born baby be given in adoption, the bench said the choice of the pregnant woman is more important. “That cannot be a consideration particularly in cases where the child to be born is unwanted. In such a situation, directing the pregnant woman to give birth to the child against her wishes and therefore continue her pregnancy would negate the welfare of the pregnant woman and make it subordinate to the child yet to be born,” the Supreme Court bench said.
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