During a special evening session Yesterday (April 19th), following 4 pm, a panel led by CJI D Y Chandrachud and Justice J B Pardiwala instructed for her assessment, which encompasses evaluating the potential effects of the pregnancy on her mental and physical well-being.
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NEW DELHI: The Supreme Court 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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