The Supreme Court on Thursday issued notice on a contempt petition alleging non-compliance with its earlier order permitting medical termination of a 15-year-old minor’s pregnancy, warning that contempt of court charges could be framed if its directions were not implemented.
A Bench of Justices B.V. Nagarathna and Ujjal Bhuyan, while hearing a contempt plea filed by the minor’s mother, directed the Union Health Secretary and the Director of AIIMS, New Delhi, to appear via video conferencing on May 4.
“If they do not comply with our order by Monday, then let them be prepared for further directions in the contempt proceedings. We are not concerned with anything but that the order of this court is complied with. If they do not comply by Monday, we will frame the charges. We will hear them before framing charges,” the Justice Nagarathna-led Bench observed.
In its April 24 ruling, the apex court had set aside the Delhi High Court’s refusal to permit termination of the 28-week pregnancy and held that the reproductive autonomy of the minor girl must receive the “highest importance”.
“No court ought to compel any woman, and more so a minor child, to carry a pregnancy to full term against her express will,” the Supreme Court had said, adding that such compulsion would disregard decisional autonomy and inflict “grave mental, emotional and physical trauma”.
It further ruled that in cases of unwanted pregnancy, constitutional courts must prioritise the welfare of the pregnant woman rather than the unborn child, stating that “what is of relevance is the choice of the pregnant woman rather than the interest of an unborn child”.
The bench also noted that the minor had allegedly attempted suicide twice after learning about the pregnancy, and said forcing her to continue the pregnancy would violate her right to live with dignity.
The court had earlier directed that the termination procedure be carried out at the earliest at AIIMS with all necessary medical safeguards.
However, AIIMS later filed a review petition challenging the ruling, which was dismissed by the Supreme Court in strong terms.
“It is strange that the review petitioner, All India Institute of Medical Sciences, is not inclined to obey the order of the Supreme Court and instead is challenging the order dated 24.04.2026 to defeat the constitutional rights of the minor,” the bench said.
Earlier, a Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi also rejected AIIMS’ curative petition against the abortion order. The bench emphasised that “unwanted pregnancy cannot be forced on a person” and that a minor cannot be compelled to carry a pregnancy.
The court also urged the Centre to amend the Medical Termination of Pregnancy law to remove gestational limits in cases such as rape, stating that the law must evolve with time.
With Inputs From IANS
