Madhya Pradesh High Court Upholds Minor's Right to Reproductive Choice
Court Directs Welfare Measures for Child Born from Unpermitted Pregnancy Termination
In a landmark ruling, the Madhya Pradesh High Court has reaffirmed the right to reproductive choice for minors, emphasizing the paramount importance of consent in decisions regarding the termination of pregnancy. The judgment was delivered on October 9, 2025, by Justice Vishal Mishra in response to a writ petition concerning a 15-year-old prosecutrix from Satna district, who was pregnant following a sexual assault.
The Court addressed a complex scenario where the victim, identified as Prosecutrix X, along with her father, opted to continue the pregnancy despite the high-risk nature and advanced stage of the fetus. The fetus, now nine months old, posed significant risks to the victim's life, making termination unfeasible, as per the medical board's report.
Justice Mishra's decision highlights the intrinsic rights protected under Article 21 of the Indian Constitution, which include privacy, dignity, bodily integrity, and reproductive freedom. The judgment cites the Supreme Court's precedents in "Suchita Srivastava v. Chandigarh Administration" and "A (Mother of X) v. State of Maharashtra," underscoring that reproductive choices belong solely to the individual and not even the State can override this personal consent.
Given the circumstances, the Court has directed the Child Welfare Committee (C.W.C.) in Satna to assume custody of the child 15 days post-birth, ensuring the child's welfare and privacy of the victim. The C.W.C. has been empowered to arrange for the child's upbringing either through adoption or by handing over to the State Government. This provision ensures that the victim's anonymity is preserved, preventing any media disclosure that could lead to her identification.
The ruling effectively balances the victim's rights with the welfare of the unborn child, mandating careful consideration of the victim's consent and the medical risks involved. The judgment serves as a precedent reinforcing the autonomy of minors in reproductive health decisions, even when their choices diverge from those of their guardians.
This case has stirred significant attention towards the legal frameworks governing reproductive rights and the protection of minors under the POCSO Act and the Juvenile Justice Act. It further accentuates the critical role of judicial oversight in safeguarding fundamental rights while catering to the welfare of vulnerable individuals.
Bottom Line:
In cases concerning termination of pregnancy, the consent of the pregnant person is paramount and their reproductive choices are protected under Article 21 of the Constitution, which includes the right to privacy, dignity, and bodily integrity. Authorities must ensure the anonymity of the victim and take measures for the welfare and upbringing of the child.
Statutory provision(s): Article 21 of the Constitution of India, Protection of Children from Sexual Offences Act, 2012, Juvenile Justice (Care and Protection of Children) Act, 2015.
Prosecutrix X v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2794358
