In a significant ruling, the Supreme Court granted permission for a 14-year-old sexual assault victim to terminate her nearly 30-week pregnancy, citing the necessity to safeguard her well-being in what it described as a “very very exceptional case.”
The decision came after the mother of the rape survivor approached the apex court, seeking relief after the Bombay High Court denied permission for the termination. Chief Justice of India D Y Chandrachud, leading the bench, reviewed the report submitted by the dean of the Lokmanya Tilak Municipal General Hospital and Medical College, Sion, Mumbai, which highlighted the adverse impact of continuing the pregnancy on the minor’s physical and mental health.
The bench directed the dean to organize a medical team to carry out the termination procedure, underscoring the paramount importance of the minor’s welfare and safety. It noted the state’s commitment to cover all expenses related to the procedure and emphasized that any subsequent medical care required by the minor post-termination must be provided in her best interest.
The Supreme Court’s decision comes against the backdrop of an FIR registered after the expiration of the 24-week limit stipulated in the Medical Termination of Pregnancy (MTP) Act. The court expressed dissatisfaction with the earlier medical report presented to the Bombay HC, highlighting the need for a comprehensive evaluation of the minor’s physical and mental condition, especially concerning the circumstances leading to the pregnancy.
The Medical Termination of Pregnancy Act permits abortion up to 20 weeks based on a single doctor’s advice. In exceptional cases between 20-24 weeks, two registered medical practitioners can authorize abortion under specified conditions.
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