In a landmark ruling on February 6, 2026, the Supreme Court of India affirmed the reproductive rights of minors, underscoring that no woman, least of all a minor, can be compelled to continue an unwanted pregnancy. The ruling came as the court permitted the medical termination of a 30-week pregnancy of a minor.
A bench of Justices BV Nagarathna and Ujjal Bhuyan emphasized the importance of reproductive autonomy, particularly when a pregnant girl has clearly and consistently expressed her unwillingness to carry the pregnancy to term. The court stated that the minor's right to choose must be considered, especially since the pregnancy was unintended and she did not wish to give birth. Justice Nagarathna stated that the court must give sufficient emphasis to the reproductive autonomy of the mother.
The Supreme Court's decision to allow the minor to terminate her pregnancy was influenced by the specific circumstances of the case. The bench acknowledged the "unfortunate situation" of a minor facing pregnancy due to a relationship she had. The court recognized the moral and legal complexities involved, particularly the fact that the birth of a child results in a life. However, the decisive factor was the minor's clear and consistent unwillingness to continue the pregnancy. The court also acknowledged that some women might resort to unsafe methods from unqualified individuals to terminate a pregnancy.
The court directed Mumbai’s JJ Hospital to perform the medical termination of the pregnancy, ensuring that all necessary medical safeguards are followed.
This ruling highlights the ongoing debates surrounding reproductive rights in the United States, especially in light of the U.S. Supreme Court's 2022 decision that reversed Roe v. Wade. While popular support for reproductive rights remains high, several states are considering measures that would either strengthen or undo reproductive-rights-supporting measures. For example, in Nevada, a ballot measure that recognizes a fundamental right to abortion is up for a second vote after overwhelmingly passing in 2024. Conversely, Missouri is considering a legislatively referred amendment that would repeal a 2024 amendment recognizing reproductive rights and prohibit abortion from conception, with limited exceptions. These measures highlight the ongoing efforts to shape the reproductive health landscape and the importance of continued advocacy and legal challenges to protect reproductive rights.
