Achi news desk-
GUWAHATI: In a recent judgement, the Supreme Court addressed the issue of pregnancy beyond cisgender women, recognizing that non-binary and transgender people, among others, can experience pregnancy. This inquiry arose during a case of terminating the pregnancy of a 14-year-old girl who had been sexually assaulted [A (Mother of X) v. State of Maharashtra and Another].
Also Read: ED Raids Local Help Linked to Jharkhand Minister Alamgir Alam’s NAB; Returns ₹25 Crore
The court emphasized the term “pregnant person” instead of “pregnant woman”, stating that pregnancy is not exclusive to cisgender women, but can be experienced by people across different gender identities.
Click here to join our WhatsApp channel
The case involved a minor girl who became pregnant after being sexually assaulted. Despite medical recommendations for termination of pregnancy, the High Court rejected the claim based on the gestational age of the fetus and the absence of birth defects.
On appeal, the Supreme Court ordered a re-examination by the medical committee, which later approved a break due to the negative impact on the girl’s physical and mental health.
However, as the pregnancy progressed beyond 30 weeks and considering the girl’s intention to give birth and then choose adoption, the court reversed its previous decision to allow a break, giving priority to the girl’s health and the consent of the parents.
The court criticized the medical committee’s failure to assess the effect of pregnancy on the physical and mental health of the pregnant person, as required by the Medical Termination of Pregnancy Act, 1971. It issued instructions to medical committees, emphasizing the importance of assessing well-being. of pregnant people and considering their autonomy in decisions about termination of pregnancy.
Lawyers representing both sides appeared before the court, and emphasized the importance of informed medical opinions and respect for reproductive autonomy in such cases.
