The Supreme Court of India on 30 April 2026 ruled that a minor child cannot be compelled to continue a pregnancy, and urged the Centre to amend existing law to allow rape survivors to terminate pregnancies beyond the current 20‑week limit.
Under the current MTP Act, termination after 20 weeks is allowed only if a medical board certifies that continuation of pregnancy endangers the woman's life or health. The Supreme Court’s directive seeks to broaden this exception for victims of sexual assault, especially minors.
Key Developments
- The bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi dismissed a petition by AIIMS seeking to overturn an earlier order that permitted a 15‑year‑old girl to abort a 30‑week pregnancy.
- The Court emphasized that forcing a minor to bear a child violates constitutional guarantees of bodily autonomy and the right to health.
- It directed the Union Government to review the MTP Act and consider extending the permissible gestation period for rape survivors.
Implications
The judgment signals a shift towards a more victim‑centred approach, potentially prompting legislative reforms that align with global standards on reproductive rights. It also underscores the judiciary’s role in safeguarding constitutional rights when legislative provisions lag behind societal needs.
Important Facts
- The existing MTP Act caps termination at 20 weeks for most cases; exceptions beyond this require a medical board recommendation.
- The 15‑year‑old case involved a 30‑week pregnancy resulting from alleged rape, highlighting gaps in the current legal framework.