It's Woman's Decision Whether Or Not To Terminate Pregnancy, Allahabad HC Reiterates

In a landmark ruling, the Allahabad High Court said that it is only a woman's call whether she wants to continue a pregnancy or not. It cited bodily autonomy as an explanation for it. The court was dealing with a 15-year-old rape survivor who was 32 weeks pregnant on July 24. The girl and her parents wanted to terminate the pregnancy. However, the court convinced them not to. 

As per the reports, the maternal uncle of the girl filed a complaint saying that the girl was 'enticed' away by a man. Later, the girl was found with 29 weeks of pregnancy. Since she was a minor, the pregnancy was considered to be a consequence of rape. Hence an FIR was filed with Protection of Children from Sexual Offences Act, 2012 (POCSO Act) charges.

Woman's decision whether or not to abort a baby 

The parents of the girl approached the high court to terminate the pregnancy of 32 weeks. The bench headed by Justice Shekhar B Saraf and Justice Manjive Shukla said, "This Court is also of the opinion that a woman’s decision in whether or not to go ahead with the termination of her pregnancy is a decision that is to be taken by no one but herself. This is primarily based on the widely acknowledged idea of bodily autonomy. Here, her consent reigns supreme." 

The court also said, "The Courts have held that the choice of terminating one’s pregnancy is a serious and delicate issue that needs to be dealt with a caring touch and in a humane manner."

Medical complications of the pregnancy in the present case

In the present case, three medical panels were made and the woman was examined by various doctors. The court reviewed the report of all the medical panels that suggested that termination at this stage is not practical. The chief medical officer stated that continuing the pregnancy can be physically and mentally taxing, and terminating it would be a threat to life. 

So the court tried to counsel the girl and her family about the risks related to termination of the later stage of pregnancy. The court also said that only the pregnant woman decides to give up a child for adoption. The adoption arrangements must carry this process privately and effectively. 

"Even if she decides to go ahead with the pregnancy and put the child up for adoption, the duty lies on the State to ensure that it is carried out as privately as possible and also to ensure that the child, being a citizen of this land, is not stripped of the fundamental rights that are enshrined in the Constitution," the court said

The court convinced the girl and her family to continue the pregnancy

The court's order said, "The court explained to the petitioner the risks involved in the termination due to the late stage of pregnancy. The petitioner and the relatives upon being made to understand the risks to the life of the petitioner and future risks with regard to losing the ability to be pregnant, subsequently opted to deliver the child instead of terminating the said pregnancy."

The mother and girl agreed that they would give the child up for adoption.

Confidential delivery and adoption

The court then ordered a confidential and efficient delivery and adoption of the child. The court said that the State would be bearing the cost of the delivery. It also directed the Director of the Central Adoption Resource Authority (CARA) to carry out the adoption of the child once born following the ‘best interests of the child’ principle. 

The matter will be heard further on August 28.