Recently, the Allahabad High Court, while emphasizing the primacy of reproductive autonomy under Article 21 of the Constitution, permitted a 17-year-old girl to terminate her 31-week pregnancy. The Court was dealing with a writ petition filed by the minor through her father, seeking judicial permission for medical termination. The Bench observed that when a pregnant person, despite counselling, remains unwilling to carry the pregnancy due to emotional trauma and social fear, her decision must be respected.
The petitioner, aged 17 and a half years, approached the Court seeking permission to terminate her advanced pregnancy. It was submitted that she had conceived due to circumstances beyond her control and was undergoing psychological and emotional distress. A writ petition was filed under Article 226 of the Constitution seeking urgent relief.
The Division Bench of Justice Manoj Kumar Gupta and Justice Ram Manohar Narayan Mishra noted that although the pregnancy had reached 31 weeks, the petitioner and her parents had categorically declined to continue with it, even after undergoing counselling sessions arranged by the State.
The Additional Chief Standing Counsel submitted that the counselling team attempted to persuade the petitioner to carry the pregnancy to term and explore options like foster care or institutional support. However, the team failed to change her mind due to the emotional impact of the incident and fear of societal stigma.
The Court referred to the Supreme Court’s decision in XYZ v. State of Gujarat, which held, “Article 21 of the Constitution recognizes and protects the right of a woman to undergo termination of pregnancy, if her mental or physical health is at stake. Importantly, it is the woman alone who has the right over her body and is the ultimate decision maker on the question of whether she wants to undergo an abortion.”
The Bench further observed, “Despite complete counselling, the petitioner and her parents have not agreed to continue the pregnancy to its full term. This may be due to fear of social stigma and/or financial constraints, in addition to the emotional impact of the incident. In such cases, the consent of the pregnant person is paramount and must be given precedence.”
In light of the petitioner’s mental condition, advanced age of the pregnancy, and her persistent unwillingness to continue, the High Court allowed the medical termination of pregnancy. The Court directed that the procedure be conducted under strict medical supervision, with full confidentiality and necessary precautions.
Case Title: Ab(2025) Through Her Guardian (Father) vs. State Of U.P.
Coram: Justice Manoj Kumar Gupta, Justice Ram Manohar Narayan Mishra
Case No: Writ (C) No. - 20205 of 2025
Advocates for the Petitioner: Adv. Ashutosh Pandey, Praveen Kumar Mishra
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