Skip to content

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

February 7, 2026

Representative images | Photo credit: Getty Images/iStockphoto

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

“In the present case, the right of the minor child to continue with the pregnancy which is ex facie illegitimate if she is a minor and has to face this unfortunate situation of pregnancy because of the relationship she had,” observed Justices BV Nagarathna and Ujjal Bhuyan in the court.

The court emphasized a woman’s right to reproductive autonomy. In the instant case, the Bench observed that the minor had demonstrated a clear and persistent reluctance to continue with the pregnancy.

“If the mother’s interest is to be taken into account, then sufficient emphasis must be placed on her reproductive autonomy. A court cannot compel any woman, let alone a minor, to complete a pregnancy unless she intends otherwise,” the Bench said.

The court also highlighted the fact that there were cases where women had no option but to take the dangerous and life-threatening alternative of approaching a quack for an abortion if their pregnancy exceeded the 24-week period stipulated by the MTP (Medical Termination of Pregnancy) Act, 1971.

Published – 06 Feb 2026 21:28 IST

Index
    Settings