'Court Cannot Compel...': SC Orders Termination of Pregnancy of 18-Year-Old Sexual Assault Victim, Upholds Woman’s Reproductive Autonomy

New Delhi: In a significant reaffirmation of a woman’s right to bodily integrity and reproductive choice, the Supreme Court on Friday permitted the medical termination of pregnancy of an 18-year-old sexual assault survivor from Maharashtra who is over 30 weeks pregnant.

A Bench comprising Justices BV Nagarathna and Ujjal Bhuyan observed that a woman’s reproductive autonomy is paramount and that no court can compel a woman to continue with a pregnancy against her will. The apex court allowed the appeal filed by the survivor, setting aside earlier restrictions and directing that the termination be carried out in accordance with medical protocols.

“The mother’s reproductive autonomy must be given emphasis. The court cannot compel any woman to complete her pregnancy if she is otherwise not intending to do so”, the Bench said, while accepting the submissions made on behalf of the appellant.

Noting the circumstances of the case, the court observed that the pregnancy was a result of sexual assault and that the survivor had consistently expressed her unwillingness to carry the pregnancy to term. “Ultimately, the denominator is that the child is illegitimate and the mother does not want to bear the child”, the court remarked, adding that the survivor’s consent and choice must take precedence.

The Supreme Court directed that a duly constituted medical board oversee the procedure to ensure the safety and well-being of the survivor. It also clarified that the termination should be conducted at a government hospital with adequate facilities, following established medical norms.

The ruling aligns with a series of past judgments where the top court has allowed termination of advanced-stage pregnancies in exceptional circumstances, particularly in cases involving rape survivors, minors, and situations where continuing the pregnancy would cause grave mental or physical trauma to the woman.

The verdict reinforces the progressive interpretation of the Medical Termination of Pregnancy (MTP) Act and constitutional guarantees of personal liberty, dignity, and privacy, reiterating that a woman’s choice remains central even in cases of late-term pregnancies.

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