The Supreme Court objected to AIIMS plea seeking reversal of its order allowing a 15-year-old rape survivor to terminate a 30-week pregnancy. It urged the Centre to amend abortion laws, stressing no time limit in rape cases and calling for a responsive, evolving legal framework.
The Supreme Court on Thursday strongly objected to a plea by AIIMS seeking to undo its earlier order permitting a 15-year-old girl to medically terminate her 30-week pregnancy. The Court also urged the Centre to consider amending the law so that rape survivors could terminate unwanted pregnancies even after 20 weeks.
The top court observed that when pregnancy is a result of rape, there should be no time restriction. It further emphasized that the law must be responsive “organic” and aligned with changing times.
ALSO READ: Allahabad High Court: “Denying Abortion to Rape Survivors Violates Human Dignity”
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said the matter involves child rape, and that forcing the continuation of the pregnancy would leave the survivor with lifelong trauma and a permanent scar.
The Court indicated that if the mother does not have permanent disability, the termination should be carried out. It also asked AIIMS to counsel the survivor’s parents on the issue, stressing that the final decision must rest with the person concerned.
It said,
“There are children for adoption. In this country we have lot of sympathies…There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15-year-old child”
The bench said,
“This is a curative petition. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this,”
Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, referred to the curative petition and argued that termination was not possible.
She said,
“It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce. Minor mother will have lifelong health issues. This child can be given for adoption. It has been 30 weeks now. It is a viable life now,”
In response, the Court reiterated that the decision on termination should be left to the survivor and her parents, with AIIMS providing support to help them make an informed choice.
On April 24, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the 15-year-old to medically terminate her 30-week pregnancy.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE