Supreme Court Allows Termination Of 28-Week Pregnancy Of 14-Year Old Rape Survivor

The Supreme Court on Monday (April 22) allowed an urgent plea for terminating the pregnancy of a 14-year-old minor rape survivor. While exercising its powers to do complete justice under Article 142 of the Constitution, the Court directed the Dean of Sion Hospital, Maharashtra to undertake the medical termination of the 28 weeks pregnancy.

The bench comprising CJI DY Chandrachud and Justice JB Pardiwala took note of the fact that the medical board which freshly examined the minor rape survivor, clearly opined that the continuation of the pregnancy may impact the physical and mental well-being of the minor. ASG Aishwarya Bhati representing the Union assisted the Court. 

The petition filed by the mother of the minor challenged the Bombay High Court order dated 4 April 2024, which declined to grant the said relief of termination. The minor was subjected to sexual assault and FIR under sections 376 IPC and S. 4 of the POCSO Act has been registered in this regard. 

The bench, while setting aside the Bombay High Court's order also observed that allowing the termination at the present stage would pose fewer risks to the life of the minor than in continuing the pregnancy term till its very end. 

 "While a certain degree of risk is involved, the board has opined that the threat in carrying out the termination is not higher than the risk in full delivery...."  

The Court has directed that a medical team be constituted by the Dean of the Sion Hospital for carrying out the termination procedure. The state is further directed to bear the expenses towards the procedure and safety of the minor. Any after-care post-termination for the minor should also be given to the minor to recover fully. 

" Bearing in mind the exigencies of the situation and the welfare of the minor which is of paramount importance and her safety, we pass the following order : (1) Judgement and order of the Bombay High Court dated 4.4.24 is set aside for reasons to follow; (2) the Dean at the Lok Manya Tilak Municipal Hospital and Medical College Sion. Mumbai is requested to is requested to constitute a team undertaking the medical termination of pregnancy of the minor in respect of whom the medical board has submitted its report dated 20.4.2024; (3) in the same manner as the Hospital authorities had enusred the transporatation of the minor at the Hospital and return to home,the same arrangements shall be made; (4) bearing in mind the financial status of the petitioner , the state is to bare all the expenses in connection with the procedure and security; (5) post termination if any further medical care is required, this may be ensured to the interest of the minor." 

The Court was informed that the FIR itself was recorded beyond the period of 24 weeks of the Medical Terminal of Pregnancy (MTP) Act 1971. It may be noted that the recent amendment of 2021 to the MTP Act has pushed the upper limit for termination from 20 weeks of pregnancy to 24 weeks for certain categories of women which will be defined in the MTP Rules. These categories will include 'vulnerable women' including rape victims.

Last Friday , the Court had directed the medical examination of the girl. 

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