Rape survivor, 14, given permission for abortion

BOMBAY HC ON APRIL 4 DECLINED THE REQUEST FOR A MEDICAL TERMINATION OF THE PREGNANCY

NEW DELHI: The Supreme Court on Monday allowed a 14-year-old rape survivor to undergo abortion at over 29 weeks of pregnancy, underlining that continuing the pregnancy may harm the physical and mental health of the young girl.

“These are very, very exceptional cases where we have to protect the children,” said a bench led by Chief Justice of India Dhananjaya Y Chandrachud. “Every passing hour is crucial for her.”

Bearing in mind the urgency of the situation, the welfare of the minor, which is of paramount importance and her safety, the court said that a team of doctors will carry out immediate termination of her pregnancy while the Maharashtra government was directed to provide logistical support. The victim’s mother had rushed to the Supreme Court after the Bombay high court on April 4 declined the request for a medical termination of the pregnancy.

In a late Friday evening session beyond regular court hours last week, the bench, also comprising justice J B Pardiwala, had directed Mumbai’s Lokmanya Tilak Municipal Medical College and General Hospital in Sion to immediately determine whether continuing the pregnancy could endanger the physical or mental health of the girl or the foetus, and to report back by Monday.

The medical report submitted in the apex court stated that continuation of pregnancy could cause psychological trauma to the minor, adding the termination of the pregnancy can be done with due risk and with appropriate counselling of the patient and her relatives.

Additional solicitor general Aishwarya Bhati, representing the Centre, on Monday urged the bench to invoke its extraordinary powers under Article 142 to do justice in the case, citing the medical report that noted that continuing the pregnancy may impact the minor’s well-being. The law officer pointed out that the FIR in this case was lodged by the minor’s parents only last month and the family was apparently unaware of her pregnancy until very late.

Accepting her plea, the court exercised its power under Article 142 of the Constitution to order immediate termination of the pregnancy of the minor, specifying her age and alleged sexual assault.