In a significant ruling emphasizing a woman's reproductive autonomy, the Supreme Court of India on Friday, February 6, 2026, permitted the termination of a 30-week pregnancy of a minor. The decision underscores the court's view that a woman, especially a minor, cannot be compelled to continue an unwanted pregnancy.

The bench, composed of Justice B.V. Nagarathna and Justice Ujjal Bhuyan, asserted that the reproductive autonomy of a pregnant girl must be duly considered, particularly when she expresses unwillingness to continue the pregnancy. The court stated that the minor's right to choose takes precedence in such cases, especially considering the "illegitimate" nature of the pregnancy, as she herself is a minor involved in a relationship. The court emphasized that it cannot force any woman, especially a minor, to complete a pregnancy against her will.

The court directed Mumbai's JJ Hospital to proceed with the medical termination, ensuring adherence to all necessary medical safeguards.

This ruling aligns with the Medical Termination of Pregnancy (MTP) Act of 1971, as amended in 2021, which grants women the right to abortion under certain conditions. The Supreme Court has played a crucial role in expanding abortion access, particularly for unmarried women, by interpreting reproductive choice, bodily autonomy, and mental health as fundamental rights under Article 21 of the Constitution.

According to the current abortion laws in India, a pregnancy can be legally terminated up to 20 weeks with the opinion of one Registered Medical Practitioner (RMP) if there is a risk to the woman's life, physical or mental health, or if the pregnancy resulted from rape or incest. Termination between 20 and 24 weeks requires approval from two RMPs and is allowed for rape survivors, minors, and women with disabilities. Abortions beyond 24 weeks are permitted only in exceptional cases with approval from a State-level Medical Board, primarily when the fetus has substantial abnormalities.

A previous landmark case, X v. Principal Secretary, Health & Family Welfare (2022), established that unmarried women have the same right to abortion as married women up to 24 weeks, reinforcing that marital status cannot determine reproductive rights and mental health is as important as physical health.

This recent decision reaffirms the judiciary's commitment to protecting women's reproductive rights and personal liberty. It aligns with a global trend of recognizing women as the ultimate decision-makers regarding their bodies and reproductive choices.