Supreme Court allows abortion of 30-week pregnancy of a minor, upholds right to reproductive autonomy

The Supreme Court on Friday (February 6, 2026) allowed the medical termination of a 30-week-old pregnancy of a minor, while noting that a person cannot be compelled to carry her pregnancy to its full term.

“What has to be considered in the instant case is the right of the minor child to continue a pregnancy which is ex facie illegitimate in as much as she is a minor and has to face this unfortunate situation of having the pregnancy owing to a relationship that she had,” a Bench of Justices B.V. Nagarathna and Ujjal Bhuyan remarked in court.

The court highlighted the right to reproductive autonomy of a woman. In the present case, the Bench noted that the minor had shown a clear and consistent unwillingness to continue the pregnancy.

“If 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, to complete her pregnancy if she is otherwise not intending to do so,” the Bench said.

The court also flagged the fact that there were cases in which women may have no other option but take the dangerous and life-threatening alternative of turning to quacks for an abortion if their pregnancy had crossed the 24-week deadline stipulated under the MTP (Medical Termination of Pregnancy) Act, 1971.