SC allows 14-year-old rape survivor to terminate pregnancy at 30 weeks

Supreme Court/ File pic

The Supreme Court, setting aside a judgement by Bombay High Court, has granted permission for a 14-year-old rape survivor to undergo a medical termination of her pregnancy, which is almost 30 weeks along. The court noted that terminating the pregnancy is necessitated given the urgency of situation and welfare of the minor, agency reports stated.

"We will allow the medical termination since she is 14 years old and it is a rape case, and this is an exceptional case. Every passing hour is very crucial for her," the bench said, ANI report stated.

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Using its authority under Article 142 of the Constitution, which allows it to issue orders for complete justice, a bench of Chief Justice DY Chandrachud and Justice JB Pardiwalla directed the dean of the Lokmanya Tilak Municipal Medical College and General Hospital (LTMGH) in Mumbai to quickly assemble a team of doctors for the termination procedure, the PTI report added.

Earlier, on April 19, the Supreme Court ordered the minor's medical checkup and demanded a report from Sion Hospital in Mumbai on the probable physical and psychological implications of the termination surgery or its absence, the PTI report further stated.

The top court's order came after the court-appointed medical tram from Sion hospital had said that continuing the pregnancy would affect physical and mental well-being of the minor. The report of doctors said that a "certain degree of risk" was attached to medical termination but it not higher than delivery at full term, reported ANI.

Reportedly, the Bombay High Court had previously declined the plea seeking medical termination of her pregnancy which was set aside by the top court. The survivor's mother had approached the top court after Bombay HC in their April 4, 2024 order declined to grant them relief.

The apex court, per ANI report, on Friday had noted that the medical report that Bombay High Court relied on to decline the request had failed to take into consideration the mental and physical status of the survivor, specifically in context of the sexual assault.

According to the Medical Termination of Pregnancy (MTP) Act, married women can terminate their pregnancies for up to 24 weeks, as well as in special cases such as rape survivors and other vulnerable populations such as differently abled adults and adolescents, the reports stated.

(With inputs from ANI & PTI)