In a landmark judgment delivered on Friday, February 6, 2026, the Supreme Court of India authorized the medical termination of a 30-week pregnancy for a minor from Maharashtra. The court asserted that the state cannot legally force an individual to endure the physical and mental burden of an unwanted pregnancy, emphasizing the fundamental right to reproductive autonomy.
Autonomy Over Compulsion
Presiding over the case A (Mother of X) v. State of Maharashtra, a Bench comprising Justices BV Nagarathna and Ujjal Bhuyan ruled that the minor’s personal will must outweigh all other considerations. The court noted that the pregnancy was “ex facie illegitimate” as the girl herself is a minor, caught in an “unfortunate situation.”
Key Legal Observations:
- Rights of the Minor: The Bench clarified that the right to terminate does not depend on whether the pregnancy resulted from a consensual relationship or sexual assault. The focus remains strictly on the minor’s right to decide for her own body and future.
- Reproductive Autonomy: The judgment stated, “The court cannot compel any woman, much less a minor child, to complete her pregnancy if she is otherwise not intending to do so.”
- Moral Complexity: While acknowledging the “difficult” nature of the decision—given that the fetus was at 30 weeks—Justice Nagarathna noted that if a termination is permissible at 24 weeks, the fundamental refusal of the mother to give birth must be respected even at a later stage.
Safety and Procedure
The apex court has directed JJ Hospital in Mumbai to carry out the termination immediately, ensuring the highest standards of medical safety. The court concluded that compelling the minor to carry the pregnancy to term would violate her dignity and reproductive rights.