SC Recalls Order on 14-Year-Old Rape Survivor’s Pregnancy Termination

Following a change of heart by the parents of a 14-year-old rape survivor, the Supreme Court has rescinded its April 22 order allowing the girl to undergo medical termination of her 30-week pregnancy.

Highlighting the paramount importance of the minor’s welfare, the apex court, on April 22, invoked its powers under Article 142 of the Constitution, which authorize it to issue any necessary order to achieve complete justice in any case, while granting permission for the minor girl to terminate her pregnancy.

The Bench

A panel consisting of Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra convened to discuss the matter in chambers at 2 pm. They engaged with Additional Solicitor General Aishwarya Bhati, who is assisting the bench, and the counsel representing the parents of the minor girl.

Lawyers involved in the case reported that the parents, communicating with the judges via video-conferencing, expressed their decision to allow the pregnancy to continue to full term.

The bench led by CJI accepted the parents’ stance and revoked the April 22 order.

Earlier in the day, the issue was promptly addressed following allegations leveled against the hospital’s doctors.

“When we advocate for abortion, it is contingent upon the woman’s consent. While adult women require their consent, the situation differs for minors, particularly those who are rape victims. Now, the report suggests that the mother cannot decide whether to opt for adoption or terminate the pregnancy.

“The minor also possesses a degree of autonomy. The doctors also have a role as they act in the best interest of the mother. We cannot supersede these roles. This decision must be made by the doctors,” remarked the CJI earlier in the day.

The parents’ counsel clarified that the minor’s mother maintained her initial stance.

“Please join me in my chamber at 2 pm. I have video-conferencing facilities available, enabling us to communicate with the mother and the doctors at Sion Hospital, and then make a decision,” the CJI proposed.

Continuation..

In the chamber, the parents decided to continue the pregnancy, apparently considering the security and well-being of the minor pregnant girl.

Previously, the apex court had set aside the Bombay High Court’s April 4 judgment rejecting the plea for pregnancy termination of the minor.

The top court had instructed the dean of Lokmanya Tilak Municipal Medical College and General Hospital (LTMGH) at Sion, Mumbai, to immediately assemble a team of doctors to perform the abortion.

The apex court was addressing a petition filed by the girl’s mother challenging the Bombay High Court’s decision to deny the request for pregnancy termination.

According to the Medical Termination of Pregnancy (MTP) Act, the upper limit for abortion is 24 weeks for married women as well as for those falling into special categories, including rape survivors and other vulnerable women, such as those with disabilities and minors.

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