Today, 29th April, The Chief Justice of India (CJI) led bench recalled an order permitting abortion for a 14-year-old rape survivor. The decision follows legal proceedings and considerations surrounding the case. This development highlights the complexities and legal intricacies involved in such sensitive matters within the Indian judicial system.
New Delhi: On Monday, the Supreme Court rescinded its prior decision that had approved the termination of a 30-week pregnancy for a 14-year-old rape victim. This reversal came after the victim’s parents expressed concerns about potential health risks associated with the procedure and opted to continue the pregnancy. Chief Justice DY Chandrachud, leading a panel of three judges, emphasized the paramount importance of the child’s welfare during a video conference with the girl’s parents.
Originally, on April 22, the Supreme Court overturned a Bombay High Court ruling that denied the abortion, invoking its broad authority under Article 142 of the Constitution to deliver “complete justice.”
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This intervention allowed for the medical termination of the pregnancy despite the girl being significantly beyond the 24-week limit established by the Medical Termination of Pregnancy (MTP) Act, which permits abortions up to this stage for married women and certain other groups, including rape survivors and minors.
The decision to allow the abortion initially informed by medical advice, which indicated that terminating the pregnancy could still result in a live birth requiring intensive neonatal care, thus posing risks to both the child and the young girl.
The background of the case reveals a distressing series of events where the girl, having disappeared in February 2023, was found three months later in Rajasthan. It discovered she was pregnant following a sexual assault.
The High Court initially refused the abortion due to the advanced stage of pregnancy and concerns over potential birth defects and the health of an underdeveloped child.
This recall essentially means the court decided to withdraw or reverse its earlier decision allowing the medical termination of the pregnancy. The original decision likely made considering the health, psychological well-being, and circumstances of the young survivor.
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However, the reasons for recalling such an order could range from legal challenges, procedural issues, reconsiderations of the survivor’s current health status, or new medical opinions. This action by the Supreme Court may prompt further legal and ethical discussions regarding the rights and welfare of minors facing similar traumatic situations. The recall raises questions about the judicial process and the balance between legal frameworks and individual human rights, particularly in sensitive and distressing cases like those involving young survivors of sexual assault.
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