New Delhi: The Supreme Court Monday spoke about the growing “tendency of unwanted pregnancies” arising out of consensual relationships between “young adults”.
A bench of Justices B. V. Nagarathna and Ujwal Bhuyan said no court wants “unwanted pregnancies coming for termination” before it. However, the bench reiterated that a woman’s reproductive autonomy should be prioritised over an unborn fetus.
The Bench’s verbal remarks came when Additional Solicitor General Aishwarya Bhatti apprised the Bench of compliance with its order to terminate a 15-year-old’s 30-week pregnancy. Bhatti placed two medical reports before the court, informing it that the girl delivered a baby boy who was admitted to the neonatal intensive care unit (NICU).
Bhatti said the baby has an 80 per cent chance of survival, albeit with disabilities.
On Thursday, the Bench had issued contempt notices to AIIMS, which had moved a review plea against an order allowing the minor to terminate her pregnancy.
The petition was filed after the AIIMS medical board refused to carry out the termination, citing statutory limitations that prescribe a 24-week deadline to medically end a pregnancy.
In this case, the gestation period had crossed 27 weeks and the medical board had highlighted the possible risk to the minor and potential lifelong disabilities to the fetus, which had a high chance of being born prematurely.
AIIMS’ curative plea against the Bench of Justice Nagarathna’s dismissal order of the review petition was also rejected. On Thursday morning, when Bhatti requested a Bench led by Chief Justice of India (CJI) Suryakant to list the curative petition urgently, the CJI declined to entertain it, asking AIIMS to respect the individual’s choice instead of becoming the child’s guardian.
Faced with a contempt notice, AIIMS carried out the procedure over the weekend. Bhatti told the bench that labour was induced in the minor girl Saturday, and she delivered the baby Sunday. The minor was stable and would be discharged by Monday evening, he added.
The top court dropped contempt proceedings against AIIMS.
Asking AIIMS to render all medical assistance to the premature baby, Justice Nagarathna orally observed the rise in “unwanted pregnancies” and the complexities attached to it, especially in the case of an unmarried woman or a minor girl.
“The tendency, nowadays, in society is that such unwanted pregnancy is on the rise. Minors don’t inform their parents. By the time a decision is taken in the family, it would be seven months. Imagine the shock of the girl who is not married or a minor becoming pregnant and the family’s decision on what to do,” the judge said, adding that families first seek help from private clinics and, upon failure to get medical help from them, go to AIIMS for assistance.
“If AIIMS does not assist them, they will go to some bylane or quack and a minor’s life would be in jeopardy,” the judge remarked.
Bhatti, however, drew the court’s attention to the fact that AIIMS faced a shortage of space in the NICU and would have to look after a baby who may not have a fighting chance to live.
“We have to consider what happens to such babies,” she told the bench, insisting that a baby delivered after a full-term pregnancy would have had a fighting chance to live and get adopted.
At this, Justice Nagarathna was prompted to observe that due to a lacuna, “either in the law” or “social norms”, unwanted pregnancies through consensual relationships are on the rise.
“Its not easy for us here. Nobody is winning or losing (cases where minor mothers approach court for termination of pregnancy in advanced stages). But when it comes, we have to take a decision without emotions,” the Bench said.
(Edited by Viny Mishra)
Not just unwanted pregnancies. Let’s be honest.
Promiscuity is on the rise.
Modesty is a forgotten virtue.
It is increasingly ‘cool’ to have had n ‘sexual experiences’ before you marry – if you marry at all.
Spinster used to be a negative term. Now some feminists flaunt it proudly. On the flipside, we have MGTOW – men who reject marriage as an institution (but not ‘free’ sex!). The result is STIs, unwanted pregnancies, unhealthy expectations in relationships (can you really expect an ‘experienced’ man/woman not to compare their partner to past experiences?), and thus, ultimately, a broken society.