In a landmark ruling, the Supreme Court of India permitted the medical termination of a 28-week pregnancy for a 14-year-old rape survivor on Monday, April 22nd, 2024. The apex court exercised its extraordinary power granted under Article 142 of the Indian Constitution to do “complete justice.” The First Information Report (FIR) of this case was registered on March 20 i.e. after the 24 week limit permissible for abortion. The FIR has recorded offences under Section 376 (rape) of the Indian Penal Code and Protection of Children from Sexual Ofences Act (POSCO).
The bench comprising Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala considered the medical board’s assessment which stated that continuing the pregnancy could pose a severe risk to the minor’s physical and mental well-being. Solicitor General Aishwarya Bhati, representing the Union Government, assisted the court in the matter filed by the minor’s mother, challenging the Bombay High Court’s earlier decision.
While acknowledging the potential risks involved in termination at this advanced stage, the Supreme Court observed that the threat from carrying out the procedure is not higher than the risk of delivery. The court agreed with the opinion of the medical board that the “continuation of pregnancy against the will of the minor may impact her physical and mental well being.”
On september 29, 2023 interpreting the rules framed under the Medical Termination of Pregnancy (MTP) Act 1971, a bench led by Justice DY Chandrachur said the rights of reproductive autonomy dignity and privacy give an unmarried women the right of choice as together or not to be your child on a similar putting as that of a married woman. Significantly, the 2021 amendments to the Medical Termination of Pregnancy (MTP) Act extended the upper limit for termination from 20 weeks to 24 weeks for certain categories of women, including “vulnerable women” such as rape victims. The MTP rules are expected to define these categories comprehensively.
The court’s progressive stance prioritizes the minor’s well-being and upholds her fundamental rights, setting a precedent for similar cases involving vulnerable women and minors who have endured sexual violence.As the nation grapples with the sensitive issue of termination of pregnancy, the Supreme Court’s decision aims to strike a balance between protecting the rights of the unborn child and safeguarding the health and dignity of the mother, especially in cases involving minors and vulnerable women.
Text of the Judgement:
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 ensured the transportation 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.”
