SC urges law review on abortion limits in rape cases amid minor's pregnancy plea
Bench says only the victim or the family has the locus to challenge the ruling; questions the timing of the Centre’s intervention in a minor rape survivor case
The Supreme Court on Thursday (April 30) expressed strong displeasure over a plea filed by AIIMS challenging an earlier order permitting medical termination of a 15-year-old girl’s 30-week pregnancy.
During the hearing, Chief Justice Surya Kant and Justice Joymalya Bagchi asked the Centre to consider amending the law to allow rape survivors to terminate unwanted pregnancies which have already crossed the 20-week timeline.
Suggestion for change in law
The court further stated that in cases where the pregnancy is due to rape, there should be no time limit, adding that the law needs to be organic and in sync with evolving times.
Pointing out that it was a case of child rape, the bench stated that the survivor will have a lifelong scar and trauma if termination is not allowed. It further stated that if the mother does not have a permanent disability, it should be carried out.
Survivor’s choice and welfare
At this point, the bench asked the AIMS to provide counselling to the survivor’s parents over the issue and said the decision has to be of the person concerned.
"There are children for adoption. In this country we have lot of sympathies...There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15-year-old child.
"This is a curative petition. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this," the bench said.
AIIMS objection and court’s stand
Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, mentioned the curative plea and said the termination of pregnancy is not possible.
"It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce. Minor mother will have lifelong health issues. This child can be given for adoption. It has been 30 weeks now. It is a viable life now," she said.
The top court said the decision on termination has to be the choice of the survivor and her parents, and AIIMS may help them take an informed decision.
On April 24, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the girl to medically terminate her pregnancy of 30 weeks.
(With agency inputs)