GUWAHATI: In a recent judgement, the Supreme Court addressed the issue of pregnancy beyond cisgender women, acknowledging that non-binary individuals and transgender men, among others, can experience pregnancy. This clarification arose during a case involving the termination of pregnancy of a 14-year-old girl who was sexually assaulted [A (Mother of X) v. State of Maharashtra and Another].
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The Court emphasised the term 'pregnant person' instead of 'pregnant woman', stating that pregnancy is not exclusive to cisgender women but can be experienced by individuals across various gender identities.
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The case involved a minor girl who became pregnant after being sexually assaulted. Despite medical recommendations for termination of pregnancy, the High Court denied the plea based on the gestational age of the fetus and the absence of congenital abnormalities.
On appeal, the Supreme Court directed a re-examination by the medical board, which subsequently approved termination due to the adverse 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 opt for adoption, the Court reversed its earlier decision to allow termination, prioritising the girl's health and parental consent.
The Court criticised the medical board's failure to evaluate the impact of pregnancy on the pregnant person's physical and mental health, as required by the Medical Termination of Pregnancy Act, 1971. It issued directives to medical boards, emphasising the importance of evaluating the well-being of pregnant individuals and considering their autonomy in decisions regarding termination of pregnancy.
Advocates representing both parties appeared before the Court, highlighting the significance of informed medical opinions and respect for reproductive autonomy in such cases.
