Adolescent Sexuality, Abortion and Legal Contradictions under POCSO and MTP Act

1 Jun 2026

The article discusses a Supreme Court case involving a 15-year-old unmarried girl who became pregnant after a consensual relationship with a 17-year-old boy.

By the time the pregnancy was discovered, it had reached 28 weeks. The Court permitted termination citing reproductive autonomy and concerns regarding the girl’s mental health.

The case has reignited debate on abortion laws, adolescent sexuality, and the POCSO framework.

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Supreme Court’s Decision

The Supreme Court permitted termination of the pregnancy by invoking the principles of reproductive autonomy, protection of the minor’s mental health, and the best interests of the child, despite the advanced stage of pregnancy.

Medical and Ethical Concerns

Non-Viable Foetus: A non-viable foetus is one that is unlikely to survive outside the womb, even with medical intervention. Generally, pregnancies below 20–24 weeks fall within this category, making the mother’s interests the primary consideration
Viable Foetus: A viable foetus is capable of surviving outside the womb with appropriate medical support. At 28 weeks, significant fetal development has occurred and survival chances are considerably higher, creating additional ethical and medical responsibilities.
Ethical Dilemma: Doctors argued that termination at such an advanced stage may involve delivering a potentially viable foetus, thereby raising complex questions concerning medical ethics, foetal rights, and professional responsibility.

Ethical Burden on Doctors

Dual Responsibility: When a pregnancy reaches viability, doctors may owe responsibilities not only to the mother but also to the developing fetus, making clinical decisions more complex.
Beyond Legal Compliance: The issue extends beyond mere legal authorization and enters the realm of medical ethics, where healthcare professionals may face moral dilemmas while carrying out late-term terminations.
Professional Conflict: Medical practitioners may experience significant ethical discomfort when required to terminate pregnancies involving potentially viable foetuses.

Legal Contradictions

Medical Termination of Pregnancy (MTP) Act: The MTP Act generally permits abortion:
- Up to 20 weeks in normal cases.
- Up to 24 weeks for specified categories such as minors, rape survivors, and vulnerable women.
- Since the present pregnancy had reached 28 weeks, the case raised questions about the extent to which judicial discretion can operate beyond the statutory limits prescribed by law.
Protection of Children from Sexual Offences (POCSO) Act, 2012: Under POCSO, the age of consent is 18 years, and any sexual activity involving minors is treated as an offence regardless of consent.
Contradiction in the Present Case: Although the relationship was consensual in practice, the law classifies it as statutory rape, highlighting the tension between legal definitions and social realities.

Problem of Blanket Criminalisation

Criminalisation of Adolescents: The article argues that a substantial number of POCSO cases arise from consensual adolescent relationships, leading to criminal proceedings against young individuals.
Judicial and Family Intervention: Such cases often draw families, police authorities, and courts into personal relationships that may not involve coercion or exploitation.
Lack of Legal Nuance: The current framework frequently fails to distinguish between exploitative sexual offences and consensual relationships between adolescents of similar age groups.

Root Cause: Lack of Sexuality Education

Current Approach: Abstinence-Only Messaging: Society often relies on a simplistic approach that merely instructs adolescents not to engage in sexual activity, without equipping them with adequate knowledge and awareness.
Recommended Approach: Comprehensive Sexuality Education (CSE)

The article advocates Comprehensive Sexuality Education (CSE) that includes: