In a historic decision on Friday (February 6, 2026), the Supreme Court has considered women’s reproductive rights and autonomy as paramount. The court, while allowing a minor to medically terminate her 30-week pregnancy, said that it cannot force a woman, especially a minor, to become a mother without her consent.
According to Live Law report, Justice B. The bench of V. Nagarathna and Justice Ujjwal Bhuinya was hearing the case. The Court emphasized that the reproductive autonomy of the minor should be given importance, especially when she has expressed her reluctance to continue the pregnancy. The court said in its order that the issue should be considered whether the minor wants to continue the pregnancy or not, in any case it is illegal because she herself is a minor. She became pregnant during the relationship.
The court also said that the issue is not whether she became pregnant due to rape or consensual relationship, the issue is what she wants. The minor’s lawyer argued that giving birth to an illegitimate child would cause deep mental trauma to her due to the social stigma. The Supreme Court also agreed to this and said that the mother of the second child herself does not want to give birth to him. The court said that it cannot force a woman and especially a minor to continue the pregnancy if she herself does not want to.
The court allowed the minor to undergo medical abortion and entrusted this responsibility to JJ Hospital, Mumbai. The court directed the hospital to ensure that the procedure was carried out under medical measures. The court also said that it is very difficult for them to give such an order.
Justice Nagarathna said, ‘It is difficult for us too, but what should we do? Because the child that is born is also a life after all. Then there is also a question that if a minor can abort the pregnancy in 24 weeks then why not in 30 weeks but she herself does not want to continue the pregnancy, the real thing is that she does not want to give birth to the child, this is the problem.

