The Madras High Court allowed a 16-year-old minor girl to terminate her 28-week pregnancy, emphasizing her right to autonomy over her body. Justice S. Sounthar ruled that the girl had the freedom to decide whether to continue the pregnancy, as it directly affected her body and well-being.
Minor Girl’s Right to Choose
The court noted that the girl had clearly expressed her desire to terminate the pregnancy. Since the medical termination involved her body, her choice had to be prioritized. The ruling stressed that her right to decide was an essential part of the Right to Life under Article 21 of the Indian Constitution.
Mother’s Plea for Termination
The girl’s mother filed a petition seeking medical termination of the pregnancy at Vellore Medical College. She informed the court that her daughter was impregnated by a person she was in a relationship with. A case was registered against the accused under Sections 5(1), 5(j)(ii) r/w Section 6 of the POCSO Act, 2012, and the trial was pending.
Since the pregnancy exceeded 24 weeks, the hospital required a court order to proceed with the termination. The mother argued that her daughter, a Class 12 student, needed to focus on her board exams, and continuing the pregnancy was against her best interest.
Court’s Verification and Decision
To ensure the minor’s consent, the court directed a magistrate to visit her. The magistrate confirmed that she wished to terminate the pregnancy. The hospital and health department also confirmed that there were no medical risks preventing the procedure.
The court acknowledged that the mother was the sole breadwinner and caretaker of her children. Under Section 3(4) of the Medical Termination of Pregnancy (MTP) Act, a guardian’s written consent is mandatory for a minor’s abortion. Since the mother consented, the court approved the termination.
Legal and Investigative Directives
The court directed Vellore Medical College to terminate the pregnancy as soon as possible. In a pending POCSO case, the court directed the medical team to preserve the fetus for DNA testing. The investigating officer received permission to use it as evidence in the case.
The court ordered the Registrar (Judicial) to seal the minor’s statement to the magistrate for one year. After one year, the Registrar (Judicial) will preserve the minor’s statement with the case records for future reference.
Key Takeaways
A minor has autonomy over her body and can decide on pregnancy termination.
The Right to Life under Article 21 protects her decision.
Guardian’s consent under the MTP Act is mandatory for a minor’s abortion.
Courts must prioritize the minor’s best interests in such cases.
