Supreme Court marks an exception; Permits 14-yr-old rape survivor to abort 30-week pregnancy

The Supreme Court has made a landmark decision by permitting a 14-year-old rape survivor to undergo an abortion at 30 weeks of pregnancy, overturning a previous ruling by the Bombay High Court. Chief Justice of India DY Chandrachud, leading the bench, emphasized the exceptional nature of the case and sanctioned the abortion based on a hospital report.

Exceptional Circumstances Leading to Abortion

Indian law typically allows medical termination of pregnancy up to 20 weeks with the consent of a registered medical practitioner. However, in certain circumstances, such as in cases of rape survivors, the limit extends up to 24 weeks.

On April 19, the Supreme Court ordered a medical examination of the 14-year-old, who was already 28 weeks pregnant at the time. Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala convened urgently after regular court hours to address this pressing issue.

The girl's mother had petitioned for the abortion, citing the traumatic circumstances of the pregnancy. The Bombay High Court had initially rejected her plea, prompting the family to approach the Supreme Court for redressal.

The Supreme Court's Decision and Medical Evaluation

The apex court directed that a medical board evaluate the survivor's condition at Mumbai's Sion Hospital on the following Saturday. The decision was made with the assistance of Additional Solicitor General Aishwarya Bhati, who helped highlight the critical nature of the case and the necessity of a compassionate approach.

The Supreme Court scrutinised the Bombay High Court's ruling and found it lacking in proper evaluation of the minor's mental and physical well-being. The court's intervention underscores the need for a thorough examination of such cases to ensure the welfare and rights of vulnerable individuals, especially minors and survivors of heinous crimes like rape.

Legal Framework and Considerations

The Medical Termination of Pregnancy (MTP) Act sets a cap of 24 weeks for abortion in specific cases, including those involving rape survivors, differently-abled individuals, and minors. This legal framework aims to balance medical ethics, maternal health, and individual rights in sensitive situations.