The Supreme Court on 22nd April 2024 permitted a 14-year-old alleged rape survivor to undergo medical termination of her almost 30-week-old pregnancy. With this, the top court has aside the Bombay High Court’s order declining the plea for medical termination of pregnancy of a minor rape survivor.
A bench headed by Chief Justice D Y Chandrachud has directed the dean of the Lokmanya Tilak Municipal Medical College and General Hospital (LTMGH) at Mumbai’s Sion to set up a team of doctors immediately to terminate the pregnancy of the minor. While reading the order, CJI read the report submitted by the dean of LTMGH, who said that a team of six doctors examined the minor, “While a certain degree of risk is involved, the medical board has opined that the threat in carrying out the termination is not higher than than the risk in full delivery…,” CJI stated as quoted by LiveLaw.
The CJI further added, “The medical board at Sion has opined that continuation of pregnancy against will of minor may impact negatively on the physical and mental well-being of the minor.”
While passing the order, CJI also added, “Post-termination, if any medical care is needed, this may be ensured in the interest of the minor,”
Under the Medical Termination of Pregnancy Act, the upper limit for termination of pregnancy is 24 weeks for married women as well as those in special categories, including a rape survivor and other vulnerable women, such as differently abled and minors.
Earlier on 19th April, the top court had ordered her medical examination on the plea moved by the victim’s mother challenging the Bombay High Court decision declining to allow the termination of the pregnancy owing to the advanced stage. Additionally, it had sought a report from Mumbai’s Sion hospital about the girl’s possible physical and psychological condition if she decides to undergo medical termination of pregnancy or if she is advised against it.
