SC allows termination of pregnancy of minor rape survivor
The Supreme Court on Monday used its extraordinary powers under Article 142 of the Constitution to do “complete justice” to permit the medical termination of pregnancy of a 14year-old rape survivor in Maharashtra.
Her pregnancy, emanating from the sexual assault, is nearing 30 weeks. The minor became aware of her condition only at a very late stage.
The relief is rare as the Medical Termination of Pregnancy Act caps the upper limit for termination of pregnancy at 24 weeks for married women as well as for those in special categories, including rape survivors, and other vulnerable women, such as the dierently-abled and minors.
In this case, even the First Information Report (FIR) of the crime was registered only on March 20, after the 24-week limit permissible for abortion. The FIR has recorded the commission of oences under Section 376 (rape) of the Indian Penal Code and Protection of Children from Sexual Oences Act.
A Bench of Chief Justice of India D.Y. Chandrachud and J.B. Pardiwala agreed with the recommendation of a medical board that the “continuation of pregnancy against the will of the minor may impact her physical and mental well-being”.
State to take expenses
The State government has agreed to take the expenses for the procedure, after care and her transportation.