Supreme Court Allows Minor Rape Survivor To Abort 30-Week-Pregnancy

The Supreme Court of India on Monday has allowed a 14-year-old rape survivor to terminate her 30-week pregnancy, setting aside the Bombay High Court ruling declining the minor’s mother’s plea.

The court has called it an “exceptional case” and allowed abortion on the basis of a hospital report. As per the existing law, the court’s permission is required to undergo an abortion beyond 24 weeks of pregnancy. A bench led by DY Chandrachud said that abortion at this stage involves risk but a threat to life is not riskier than the full-term delivery.

The CJI while giving the verdict stated that the court will allow medical termination as she is 14 and it is a rape case and thus termed the case to be exceptional. The teenager’s mother approached the apex court after the Bombay High court refused to allow her abortion on April 4.

As per the Medical Termination of Pregnancy Act 2021, abortion is permissible only up to 20 weeks with the opinion of a registered medical practitioner and up to 24 weeks in some cases. In cases beyond that, one has to approach the court.

An urgent meeting was held last Friday in this matter by the top court bench comprising the CJI and Justice JB Pardiwala. The bench stated that the medical report on which the high court relied regarding the sexual assault failed to assess the physical and mental condition of the teenager. The bench then ordered a fresh check-up at a Maharashtra hospital.

The medical board at a Sion hospital opined in favor of abortion. Considering the opinion, the court allowed abortion by invoking Article 142 of the Constitution which empowers it to pass orders to ensure justice. The court while passing the order also noted that the teenager was unaware of her pregnancy till the late stage. The court further informed that a rape case has been charged along with charges under the stringent POCSO law.