The Supreme Court has allowed a 14-year-old rape survivor to terminate abort her 30-week pregnancy, overturning an order by the Bombay High Court. The court said it is an exceptional case and allowed the abortion on the basis of a hospital report.
Indian law requires the court’s permission to undergo abortion beyond 24 weeks of pregnancy.
A bench led by Chief Justice of India DY Chandrachud said that while undergoing abortion at this stage involves some risk, the medical board has opined that the threat to life is not higher than the risk of full-term delivery.
The top court held an urgent hearing last Friday and ordered the girl’s medical examination at a Maharashtra hospital to ascertain if the abortion would physically and mentally affect her.
In its report, the medical board at a Sion hospital opined in favour of the abortion. Based on the report, the court allowed the abortion by invoking Article 142 of the Constitution, which empowers it to pass an order needed to ensure justice in any case pending before it.
The Medical Termination of Pregnancy Act 2021 permits medical termination of pregnancy up to 20 weeks with the opinion of a registered medical practitioner, and up to 24 weeks in some cases. In cases beyond that upper limit, one must approach the court.
Passing the order, the court noted the pregnancy was due to sexual assault and the teenager was unaware of her pregnancy till a very late stage.
“The medical board at Sion has opined that continuation of pregnancy against will of minor may impact negatively on physical and mental well-being of the minor, while some risk is involved, the medical board opined that threat to life is not higher than the risk of full-term delivery,” said the Chief Justice.
