PREGNANT MINOR'S WILLINGNESS TO RETAIN PREGNANCY PREVAILS OVER HER MOTHER'S PLEA TO TERMINATE IT: RAJASTHAN HIGH COURT

PREGNANT MINOR'S WILLINGNESS TO RETAIN PREGNANCY PREVAILS OVER HER MOTHER'S PLEA TO TERMINATE IT: RAJASTHAN HIGH COURT

A mother filed a writ petition seeking termination of her 17-year-old daughter's 22-week pregnancy, allegedly caused by rape. However, the minor girl opposed the abortion, asserting the relationship was consensual and expressing her desire to keep the child. The Rajasthan High Court dismissed the petition, upholding the minor’s autonomy. Though she was 17 years and 5 months old, the Court found her sufficiently mature to understand the consequences of her decision. It held that reproductive autonomy is protected under Article 21 of the Constitution, which includes the right to continue a pregnancy and create life. The Court ruled that when a minor's informed choice conflicts with her guardian’s wishes, the minor’s consent prevails. Forcing termination would constitute a grave violation of her bodily integrity and mental well-being. The Court emphasized that under the Medical Termination of Pregnancy Act, the pregnant person's consent is paramount, regardless of third-party interference. The petition was dismissed, directing the State to provide full medical support and compensation under the Rajasthan Victim Compensation Scheme. The judgment reaffirmed bodily autonomy as a core fundamental right.