Abortion plea: SC orders medical exam of 28-wk pregnant minor

Top court lists hearing for April 22

THE Supreme Court on Friday directed medical examination of a 14-year-old girl at Sion hospital in Mumbai to ascertain whether her 28-week-old pregnancy, resulting from a sexual assault, can be medically terminated or not.

A two-judge bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala, which reassembled soon after the day's proceedings were over, directed that the girl be medically examined on Saturday itself and listed the matter for hearing on April 22 morning.

The Bombay High Court had declined to grant relief following which the girl’s mother moved the SC.

Hearing the appeal, the SC noted that there were two medical reports before the HC and the petitioner’s grievance was that the second of the two reports “was prepared without any examination of” the minor.

It said, “From the report which has been placed on record, a striking feature has emerged before this court... Prima facie the medical report does not contain an evaluation of the physical and mental status of the minor, particularly having regard to the background leading up to the pregnancy, including the alleged sexual assault.”

“Moreover it would be necessary that this court is apprised of whether the carrying of the pregnancy to the full term would impact the physical and mental well being of the minor…,” the court said.

The bench said it is “of the view that the petitioner's daughter should be examined afresh by a medical board to be constituted at the Sion Hospital tomorrow (April 20, 2024)” and requested the medical superintendent of the hospital to constitute a medical board for the purpose.

It also asked the standing counsel for Maharashtra to ensure that due arrangements are made for the transportation of the petitioner and her daughter from their place of residence to the Sion hospital and back.

It asked the medical board to “also opine on whether the termination of the pregnancy can be carried out at this stage without any threat to the life of the minor”.

The bench directed that a copy of the report be submitted through the standing counsel for Maharashtra on the record of the court at 10.30 am on April 22.

An FIR in respect of the assault had been registered under various sections of IPC and Protection of Children from Sexual Offences Act (POCSO).