[EXCLUSIVE] 14-Year-Old Rape Victim | CJI Allows 30-Weeks-Pregnancy Termination

The Supreme Court Today (April 22nd) allowed the petition filed by an alleged minor rape victim’s mother seeking termination of a 28-weeks-pregnancy of her 14-year-old daughter.

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NEW DELHI: The Supreme Court today, granted permission for the termination of a 28-week pregnancy of a 14-year-old girl, alleged to be a victim of rape. The ruling came in response to a petition filed by the mother of the minor, emphasizing the urgent need to consider the well-being of the young victim. Notably, the Court criticized the Bombay High Court’s earlier rejection of the plea for abortion, highlighting its failure to adequately assess the impact of the pregnancy on the minor.

The Court’s decision followed the submission of a fresh medical report by a Medical Board, which presumably provided new insights into the case. Chief Justice Of India (CJI) DY Chandrachud led the bench that heard the case, responding promptly to an urgent email request for attention to the matter. The Court directed a Mumbai hospital to conduct a thorough medical examination of the pregnant rape victim, with a mandate to deliver the report by the following Monday.

The urgency of the matter stemmed from the mother’s desperate appeal to the highest judicial authority after the Bombay High Court had denied permission for the termination of her daughter’s pregnancy. The High Court’s refusal was grounded on the belief that terminating the pregnancy at an advanced stage could lead to the birth of a fully developed fetus.

However, in accordance with the Medical Termination of Pregnancy Act, terminating a pregnancy beyond 24 weeks necessitates court approval.

Earlier, on April 4, the Bombay High Court had dismissed the mother’s plea based on the findings of a Medical Board. The Board’s assessment concluded that the pregnancy posed the risk of delivering a live, viable preterm baby, requiring specialized neonatal care. It deemed the termination unnecessary due to the absence of substantial fetal abnormalities.

However, the Supreme Court observed that the High Court’s decision had overlooked crucial factors, such as the physical and mental impact of the pregnancy on the minor, as well as the circumstances surrounding the alleged sexual assault. Critically, the medical report upon which the High Court relied did not adequately address these issues.

In response, the apex court directed the counsel of the state of Maharashtra to facilitate the transportation of the girl and her mother to the hospital for further evaluation. It stipulated that a new medical board would assess whether termination of the pregnancy could proceed without endangering the life of the minor.

This decision reflects the Court’s commitment to ensuring justice and protection for vulnerable individuals, particularly in cases as sensitive as this.

BACKGROUND

The Supreme Court on Friday intervened in the case of a 14-year-old rape survivor who is seeking permission to terminate her 28-week pregnancy. In a special evening hearing Yesterday, after 4 pm, a bench comprising Chief Justice of India D Y Chandrachud and Justice J B Pardiwala directed for an immediate medical examination of the girl, focusing on the potential impact of the pregnancy on her mental and physical health.

“The medical superintendent of the hospital will constitute a medical board and its report be placed before the court on April 22, the next date of the hearing”


-the bench stated.

Representing the government in this sensitive matter, Additional Solicitor General Aishwarya Bhati appeared before the court. The apex court has requested a comprehensive report from Mumbai’s Sion Hospital concerning the girl’s physical and psychological condition, taking into account both the potential outcomes of undergoing a medical termination of pregnancy and the consequences of not doing so.

The hearing is scheduled to resume at 10:30 am on Monday.

This case emerged from a petition filed by the girl’s mother, challenging an earlier decision by the Bombay High Court that had denied permission for the termination of pregnancy. According to the counsel representing the petitioner, the minor is currently 28 weeks pregnant and is residing in Mumbai.

Under the provisions of the Medical Termination of Pregnancy (MTP) Act, termination of pregnancy is generally permitted up to 24 weeks, applicable to married women and those falling under special categories, including rape survivors and other vulnerable individuals such as differently-abled and minors.

However, this case underscores the complexities and challenges surrounding such situations, requiring a delicate balance between legal provisions and humanitarian considerations.

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