Minor Rape Survivor Allowed To Terminate Pregnancy: Threat To Life Not Higher Than…

In India, the law requires court permission for abortion beyond 24 weeks of pregnancy. The Supreme Court recently granted a 14-year-old rape survivor the right to terminate her 30-week pregnancy.

This decision overturned a previous ruling by the Bombay High Court. The Supreme Court deemed the case as exceptional and permitted the abortion based on a hospital report.

The Chief Justice of India, DY Chandrachud, explained that although an abortion at this stage poses risks, medical experts concluded that the threat to life is not higher than the risk of full-term delivery. The court emphasized the exceptional circumstances of the case, considering the survivor’s age and the nature of the crime.

The teenager’s mother sought relief from the Supreme Court after the Bombay High Court initially denied her request for an abortion on April 4. A bench led by the Chief Justice and Justice JB Pardiwala conducted an urgent hearing to review the case.

They found that the medical report relied upon by the high court inadequately assessed the teenager’s physical and mental condition and ordered a fresh examination at a hospital in Maharashtra. The medical board at the Sion hospital recommended the abortion.

The court invoked Article 142 of the Constitution to pass the order, citing its authority to ensure justice in pending cases. The court acknowledged that the teenager was unaware of her pregnancy until a late stage and considered the rape case and charges filed under the POCSO law.

In India, the Medical Termination of Pregnancy Act 2021 allows abortion up to 20 weeks with the opinion of a registered medical practitioner, and up to 24 weeks in certain cases. For pregnancies beyond 24 weeks, court intervention is necessary.