SC Allows 30-Week Pregnancy Termination For 14-Year-Old Rape Survivor

The Supreme Court granted permission on Monday for the termination of a 28-week pregnancy of a 14-year-old alleged minor rape victim, following a petition filed by her mother. The court said that the Bombay High Court's previous dismissal of the plea did not adequately consider the impact of the pregnancy on the minor. At the time of the Supreme Court's ruling, the pregnancy had nearly reached the 30-week mark.

The decision was made after a new medical report from a Medical Board was submitted. Chief Justice Of India (CJI) DY Chandrachud, heading the bench, heard the case on Friday, following an urgent email request, and directed a Mumbai hospital to conduct a medical examination of the pregnant rape victim, with the report due by Monday.

The mother of the minor rape victim sought an urgent hearing from the Supreme Court after the Bombay High Court refused permission for the 14-year-old to terminate her pregnancy. The High Court's rationale for denying the plea was that terminating the pregnancy at such an advanced stage would result in the birth of a fully developed fetus.

Under the Medical Termination of Pregnancy Act, terminating a pregnancy beyond 24 weeks requires permission from the court. On April 4, the Bombay High Court dismissed the plea filed by the girl's mother, citing the Medical Board's report, which indicated that the termination would lead to the birth of a live, viable preterm baby requiring neonatal intensive care, and ruled out any significant fetal abnormalities warranting termination after the 24-week threshold.

The High Court emphasized in its order that terminating the pregnancy at this stage would carry the same risks and consequences as delivering a full-term baby. Disagreeing with the High Court's order, the mother approached the Supreme Court, arguing that the medical opinion was formulated without examining her daughter.

The Supreme Court observed that the medical report on which the High Court based its decision did not consider the physical and mental effects of the pregnancy on the minor, nor did it address the circumstances leading to the pregnancy, including the alleged sexual assault. The apex court instructed the state of Maharashtra's counsel to assist in transporting the girl and her mother to the hospital.

Furthermore, the court stated that the medical board would determine whether terminating the pregnancy could be done without endangering the life of the minor girl.