Amend Law To Remove Time Limit For Termination Of Pregnancy Of Minor Rape Victim : Supreme Court To Centre

The Supreme Court on Thursday orally commented that the Medical Termination of Pregnancy Act must be amended to remove the time limits for the legal termination of pregnancies arising out of rape of minor girls.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a curative petition filed by All India Institute of Medical Sciences (AIIMS), New Delhi, against a direction of a two-judge bench to terminate the pregnancy, presently at 30 weeks, of a 15-year-old girl.

Additional Solicitor General Aishwarya Bhati stressed that the pregnancy has crossed the 24-week upper limit.

At this juncture, the Chief Justice commented that the law must be amended to remove the upper limit in cases of rapes of minors.

"Please amend your law so that in cases of unwanted pregnancy on account of rape of a minor girl, the time limitation will not be there," the CJI said.

The bench said that by the time a minor victim realises the development of pregnancy and becomes aware of the statutory remedies, the time limit will be over. The bench also pointed out that many victims will be reluctant to disclose the matter. In such a situation, the remedies cannot be foreclosed.

The CJI also said that the law should be amended to ensure trials in cases of child rapes are carried out at the earliest.

During the hearing today, the bench told the ASG that the statutory limits are applicable only to doctors and cannot bind the Court when it allows the termination of pregnancy in exercise of its powers under Article 142 of the Constitution.

The Court refused to entertain the plea of AIIMS, and said that the hospital cannot impose its decision on the minor. The bench observed that it is for the girl to decide whether to carry the pregnancy or to terminate it.

What is the time limit for termination of pregnancy?

Under the present law, last amended in 2021, 20 weeks is the general upper limit for the termination of pregnancy. In certain specified categories, termination of pregnancy up to 24 weeks is allowed. They are :

(a) survivors of sexual assault or rape or incest;

(b) minors;

(c) change of marital status during the ongoing pregnancy (widowhood and divorce);

(d) women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)];

(e) mentally ill women including mental retardation;

(f) the foetal malformation that has substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped; and

(g) women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the Government.

Pregnancy above the age of 24 weeks can be terminated only if it is immediately necessary to save the life of the woman or if there are substantial foetal abnormalities.

In the 2024 judgment in the case A (Mother of X) v. State of Maharashtra, the Supreme Court had expressed reservations about the Medical Termination of Pregnancy Act not allowing termination of pregnancy above the upper limit of 24 weeks in the case of minor victims of rape and incest, while allowing termination of such pregnancies if there are substantial foetal abnormalities.

Also Read - 'AIIMS Cannot Decide For Mother' : Supreme Court On Curative Plea Against Termination Of Minor's Pregnancy