Supreme Court Upholds Minor's Right to Choose in Abortion Case
‘State can’t choose for citizens’: SC refuses to reopen 15-year-old’s abortion case
Hindustan Times
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The Supreme Court of India has rejected a plea from the All India Institute of Medical Sciences (AIIMS) to reconsider its earlier ruling allowing a 15-year-old girl from Delhi to terminate her over 28-week pregnancy. The court emphasized that reproductive choices should rest with individuals, not the state, highlighting the need for autonomy and informed decision-making.
- 01The Supreme Court upheld a minor's right to choose regarding her pregnancy.
- 02AIIMS' plea to reconsider the ruling was rejected, reinforcing individual autonomy.
- 03The court criticized the state's role in making decisions for citizens.
- 04Concerns were raised about the psychological impact of forced motherhood on the minor.
- 05The court suggested that existing abortion laws may need to evolve to better protect minors.
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On Thursday, the Supreme Court of India dismissed a curative plea from the All India Institute of Medical Sciences (AIIMS) regarding the termination of a 15-year-old girl's pregnancy, which had exceeded 28 weeks. The court, led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, emphasized that reproductive choices should be made by individuals rather than the state or medical institutions. The bench criticized AIIMS for attempting to decide on behalf of the minor, stating, 'Let us not choose for people who are capable of choosing.' The court highlighted the psychological and social consequences of forcing the minor to continue with the pregnancy, underscoring her right to dignity and autonomy under Article 21 of the Indian Constitution. Additionally, the court expressed skepticism about the feasibility of adoption in the current Indian context, urging that the focus should be on existing abandoned children rather than imposing further trauma on the minor. The ruling followed a series of legal back-and-forths since the initial April 24 decision that allowed the termination despite the pregnancy exceeding statutory limits set by the Medical Termination of Pregnancy Act, 1971. The court indicated that the law governing abortions may need to adapt to reflect changing realities, particularly in cases involving minors and unwanted pregnancies.
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This ruling reinforces the rights of minors in reproductive health decisions, potentially influencing future legal frameworks around abortion in India.
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