Supreme Court allows safe and legal abortion for teenage rape case survivors.
In a significant development, the Supreme Court has granted permission for a 14-year-old rape survivor to undergo a medical termination of her pregnancy. This decision comes after the Bombay High Court denied the request for termination on April 4, prompting the girl’s mother to approach the higher court.
Recognizing the critical nature of the situation, a bench led by Chief Justice of India Dhananjaya Y Chandrachud emphasized the need to protect the minor’s well-being.
The court highlighted that continuing the pregnancy could have severe physical and mental health implications for the girl. Stressing the urgency of the matter, the bench directed for a safe abortion to be carried out.
In an extraordinary late-night session on Friday, the bench, including Justice JB Pardiwala, instructed Mumbai’s Sion Hospital to promptly assess the potential risks to the girl’s health and provide a report by Monday, April 22.
During Monday’s hearing, additional solicitor-general Aishwarya Bhati, representing the Centre, urged the bench to exercise its powers under Article 142 to ensure justice.
The court accepted the plea, considering the medical report that underscored the potential impact on the minor’s well-being if the pregnancy were to continue.
In light of the urgency and the minor’s best interests, the court invoked Article 142 and overturned the Bombay High Court’s decision. A panel of doctors at Sion’s Lokmanya Tilak Municipal Medical College and General Hospital was entrusted with carrying out the abortion procedure.
The counsel representing the Maharashtra government assured that they would cover the expenses associated with the medical procedure.
The high court’s earlier decision had relied on the opinion of a medical board from Mumbai’s JJ Hospital.
However, the petition argued that the girl had not undergone a thorough examination, necessitating the intervention of the Supreme Court.
The bench, in its assessment on Friday, acknowledged the lack of a detailed evaluation of the girl’s physical and mental condition in the medical reports. Considering the traumatic circumstances surrounding her pregnancy, the court emphasized the importance of such an assessment.
Consequently, the court directed that a medical board at Sion Hospital evaluate the potential implications of continuing the pregnancy on the minor’s health, taking into account the sexual assault she had endured.
Under the provisions of the Medical Termination of Pregnancy (MTP) Act, abortions beyond 24 weeks are generally prohibited unless there is a severe threat to the woman’s life, or significant fetal abnormalities are present.
