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Supreme Court Authorizes 30-Week Termination for Maharashtra Minor, Citing Reproductive Autonomy

The bench overturned a Bombay High Court denial, directing JJ Hospital to proceed under strict medical safeguards.

Overview

  • Justices B. V. Nagarathna and Ujjal Bhuyan held that courts cannot compel a woman, especially a minor, to continue an unwanted pregnancy, making the girl's clear refusal decisive.
  • JJ Hospital in Mumbai was ordered to carry out the procedure with all required safeguards, with the appellant to file a written undertaking and the operative order released for immediate compliance.
  • The court noted the hospital medical board found no grave risk if the pregnancy continued, yet prioritized the minor's reproductive autonomy and dignity.
  • The bench clarified that whether the underlying relationship was consensual or involved assault was not determinative, emphasizing the conception occurred when the girl was a minor and acknowledging the trauma and stigma concerns.
  • Positioning the ruling within the MTP Act framework, the court reaffirmed that exceptions beyond the 24‑week limit can be permitted in exceptional cases under Article 21 rights, and it set aside the Bombay High Court's contrary order.