The Supreme Court set aside the Bombay High Court's decision, allowing the termination of a 14-year-old minor's pregnancy despite it being in the advanced gestational stage (29.6 weeks). The minor, referred to as ‘X’, was a victim of sexual assault. The Court emphasized the mental and physical health impacts on the minor, overriding the 24-week statutory limit for termination under the Medical Termination of Pregnancy Act, 1971 (MTP Act). The case underlines the Court's acknowledgment of reproductive rights, bodily autonomy, and the need for compassionate consideration in cases involving minors and sexual assault.

Acts and Sections Discussed:

• Indian Penal Code, 1860 (IPC): Section 376 (rape)
• Protection of Children from Sexual Offences (POCSO) Act, 2012: Sections 4, 8, 12
• Medical Termination of Pregnancy Act, 1971: Section 3 (conditions for medical termination), Section 5 (termination for saving the mother's life)

Key Facts (Para-wise Breakdown):

1. Background: Minor ‘X’ was sexually assaulted in September 2023 and only revealed the assault in March 2024 when she was already 25 weeks pregnant. Her mother sought termination of the pregnancy.
2. Legal Proceedings: An FIR was lodged under IPC and POCSO Act. A medical board recommended termination subject to court approval due to the pregnancy's advanced stage.
3. High Court Decision: The Bombay High Court denied termination because the pregnancy exceeded 24 weeks and the fetus had no congenital abnormalities.
4. Supreme Court Involvement: The Supreme Court intervened and constituted a fresh medical board to examine ‘X’, which opined that continuing the pregnancy would negatively affect her physical and mental health.
5. Medical Board Findings: The new board stated that termination, though risky, would not pose more danger than carrying the pregnancy to term.
6. Court's Interim Relief: The Supreme Court, considering the minor’s age and the trauma from sexual assault, allowed termination despite the advanced gestational stage.
7. Subsequent Developments: The minor's mother briefly vacillated on termination but ultimately agreed to proceed with it.
8. Conclusion: The Court underscored the need for evaluating the mental and physical health of the pregnant person, particularly in cases involving minors and victims of sexual assault, as paramount in reproductive rights matters.

Legal Ratio:

The Supreme Court emphasized the primacy of reproductive autonomy and the mental and physical health of the pregnant person, especially minors. It clarified that while medical termination beyond 24 weeks is limited to cases of fetal abnormalities under the MTP Act, exceptions must be made when carrying the pregnancy to term would result in substantial harm to the pregnant person. The constitutional right to reproductive choice under Article 21 and the impact of the pregnancy on mental health are critical in such determinations.

Subjects:

Medical Termination of Pregnancy, Reproductive Rights, Minor Sexual Assault Victim, Mental Health

Minor's Rights, Reproductive Autonomy,  Constitutional Law