April 24, 2026 1:39 PM

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No court can force a woman to carry pregnancy against her will: Supreme Court

The Supreme Court has ruled that no court can compel a woman, especially a minor, to carry a pregnancy against her will. A Bench of Justices B V Nagarathna and Ujjal Bhuyan today permitted a 15-year-old girl to medically terminate her over seven-month pregnancy, emphasising that a woman’s reproductive autonomy must be given the highest priority.

The Court observed that the right to make decisions concerning one’s body, particularly in matters of reproduction, is an integral part of personal liberty and privacy under Article 21 of the Constitution. It said forcing a minor to continue an unwanted pregnancy would violate her constitutional rights and could cause serious mental, emotional, and physical trauma. The Bench also rejected the argument that the child could be given up for adoption, stating that such reasoning cannot override the wishes and welfare of the pregnant minor.

The Court further cautioned that denying relief in such cases may push individuals towards unsafe and illegal abortion practices, increasing health risks. The apex court underscored that constitutional courts must prioritise the welfare and choice of the pregnant woman while considering such cases.