#JANKAARBHARAT

The Supreme Court passed a judgement dated 29th April 2024, in a matter relating to Pregnancy Termination. In the said case, a 14 year old minor was subjected to sexual assault in September 2023. Later on when the minor realised that she was pregnant, she was almost 25 weeks into her pregnancy. She was been hospitalised for medical examination and later on transferred to JJ hospital for termination of pregnancy. JJ hospital opined that the minor was physically and mentally fit to terminate the same. The Appellant went to Bombay High Court in which the Medical Board denied the termination of pregnancy as the foetus was 27-28 weeks with no congenital abnormalities in it. The Appellant moved to Supreme Court – urgent orders for setting aside Bombay HC order. The Supreme Court directed for a fresh Medical Board in this Matter. The Medical Board examined the minor and opined that pregnancy can be terminated with no higher risk. On 22/04/24 SC granted termination of pregnancy to the minor. Later on 26/04/24, a communication was received to the Dean of Sion Hospital stating that the mother of minor has given in writing on 24/04/24 to terminate the pregnancy by injecting medicine in baby’s heart and if the baby stays alive then they might send it for adoption. On 25/04/14 the minor’s mother wanted the baby alive to hand it over to her relative. On 26/04/24 she again came up with termination of the said pregnancy. At the end, the mother of minor agreed to keep the baby alive. The Supreme Court concluded the matter and directing the medical board to evaluate physical and emotional fitness of the pregnant person in every pregnancy termination case. The wilfulness of a person for reproduction is a fundamental right under Article 21 of the Indian Constitution.