MINOR'S ABORTION : SHOULD IT BE LEFT TO THE MERCY OF COURT?


"The right of a woman to choose to be a mother or not emerges from her human right to live with dignity which, falls within Article 21 of the Constitution".
When a minor or a teenage is pregnant the immediate reaction is of shame, humiliation and fear .The trauma is unbearable as the impulsive act of both the sexes is regretful later .The Indian Constitution allows abortion of a pregnant women ,only upto 20 weeks of pregnancy (24 weeks in cases of rape ) only when there is a risk or the possibility of mental or physical abnormalities arising in the offspring , and the ultimate decision would rest in the hands of the doctors examining her which creates problems for the rest .

For the juvenile girls who were the victim of several rape cases occuring in the nation are ultimately forced to carry the foetus of their rapist ,which is so human degrading as well risky for the body . Alreading suffering violence and furthermore not having any abortion creates a worldwide revolution of basic woman rights .

Mentally disabled rape survivors are similiarly left to the mercy of the state, which would determine the best course of action to be taken .If we anaylze the situation rationally,women are the ones who are supposed to bear children ,pregnancy occurs in their bodies .Women are thus the social group most affected by the abortion regulation from the court. There has been a body politics associated with the rights of the women with the male political establishment .

If we consider a situation of a minor getting raped and gets cells embedded inside her body .Her case is carried out by the high court and the law forces her for continuation of pregnancy.Even the doctors involved could be fined and jailed for many years for aborting the foetus ,adverse parental reactions (including emotional or physical abuse) and damaged parental relationships are hereby faced by the minor. Most participants held negative opinions of judicial bypass, describing it as overwhelming and logistically complicated, and worrying that some minors might go to extreme lengths to avoid the process.

Young people deserve the right to access the full range of reproductive and sexual health services they need, which includes abortion care and other benefits .The societal trauma that is put upon girls when they get pregnant due to various unfortunate circumstances be it rape, or total widespread social stigma against important issues like sex education and sexual health which is not provided to children in schools .It is very non rational as there are always ways to get things done in proper ways .

Else they(teenage/minors) end up being endangered to :

  • Delayed access to medical care
  • Illegal and self-induced abortion
  • Family violence
  • Homelessness
  • Suicide
  • Riskier, later abortions
  • Unwanted childbirth


Aborting the patriarchy ,removing worldwide taboos related to sex and rather focusing on the justice for the raped minor is the most important need of the hour as for them an emotional support from peers ,family member,wisdom and financial backup is the ultimate requirement for the stage that they are going through.

Having sexual intercourse without having the proper knowledge of upcoming outcomes would become more preventable for future preferences .Teen pregnancy is 100% preventable .Even when not required, most minors who seek an abortion voluntarily involve at least one parent in their decision.

According to reports ,financially stable women have travelled abroad for seeking abortion where the constitution has legally authorised women to terminate their pregnancy .

Decline in Religious Conservatism has also came over the opinion polls over many years and revealed that mostly conservative families which believe that a man and women often have sex only for reproductive functions and pro create are much against abortions of minors as well as married woman .The entire debate regarding pro choice and pro life has centered around religious conservatisim .However ,the rights of foetuses is an independent choice of the woman who have the right to choose her course of action .

IN RAPE CASES ,IT SEEMS ILLOGICAL TO CONDEMN A WOMAN TO PREGNANCY,ESPECIALLY IN CASES OF MINOR !

Courts are hereby associated to provide justice for the minor who has been raped, rather of seeking various council members as well judicial help. The basic right that a women has is control over body, men shouldn't be making laws about women's bodies. They have an equal right to bring out the sole justice and getting an abortion if they want!

"Abortion is Health care and bodily autonomy is a human right" The world need to change their perspectives! It's high Time.

Women are NOT OBJECTS , NOR FOR RAPE, NOR FOR SLAVERY, NOR TO BE MANIPULATED!

Abortion Should be Legalized and shouldn't be left to the Court's Mercy.




Parul Yadav is an English literature student at Gargi college, Delhi University She believes in creative writing being the most powerful and persuasive tool for this era. The motive is clear -Write to ignite!

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