The Supreme Court on Monday allowed immediate medical termination of about 30 weeks of pregnancy of a 14-year-old rape survivor. The court has requested the dean at Lokmanya Tilak Municipal General Hospital to constitute a team to carry out the medical termination of the pregnancy of the minor.
“We will allow the medical termination since she is 14 and it is rape case. This is a very, very exceptional case. We have to protect the children… every passing hour is very crucial for her,” said a bench headed by Chief Justice of India (CJI) DY Chandrachud, directing for safe abortion of the minor.
‘Continuation of pregnancy may impact physical, mental well-being’
With its verdict, a bench headed by CJI Chandrachud set aside an order of the Bombay High Court.
The Court said it exercised its powers under Article 142 of the Constitution which empowers it to pass any order necessary for doing complete justice in any case.
The mother of the victim moved to the top court after the High Court, on April 4, denied her relief.
On Friday, the SC had directed the Sion Hospital Mumbai to examine the rape victim and submit a medical report before the court regarding the feasibility of the abortion sought.
The minor was examined by a team of six doctors. After examining the minor, they have opined that MTP of pregnancy be allowed.
“In view of the urgency, while reserving judgment we issue interim directions , we have duly borne in mind the MTP ACT. This court exercise powders under Article 142. In a similar case this court had used article 142,” the SC bench said.
What does MTP Act says?
According to the Medical Termination of Pregnancy (MTP) Act, termination is allowed up to 24 weeks for married women, rape survivors, and vulnerable groups like the differently-abled and minors.
SC specifies reasons for its verdict
The apex court further said the circumstances which weighed it were:
1 – MTP is sought for a minor who is 14
2 – The pregnancy has emanated from sexual assault resulting in FIR
3 – The minor herself was unaware that she was pregnant till the very late stage
4 – The medical board at Sion has opined that continuation of pregnancy against the will of the minor may impact negatively on the physical and mental well-being of the minor, while some risk is involved, the medical board opined that the threat to life is not higher than the risk of full-term delivery
The court said the decision has been taken bearing in mind the welfare of the minor.
The top court also said the state will bear all expenses of the procedure and if there will be any medical care required post-termination it may be ensured in the interest of the minor.
With inputs from agencies
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‘Very crucial for her’: SC allows 14-YO rape survivor to undergo abortion in extraordinary exception
