The Supreme Court on April 22 used its extraordinary powers under Article 142 of the Constitution to do “complete justice” to permit the medical termination of pregnancy of a 14-year-old rape survivor in Maharashtra.
Her pregnancy, emanating from the sexual assault, is nearing 30 weeks. The minor became aware of her condition only at a very late stage.
Also read: Explained | How has the Supreme Court expanded abortion rights?
The relief is rare as the Medical Termination of Pregnancy (MTP) Act caps the upper limit for termination of pregnancy at 24 weeks for married women as well as for those in special categories, including rape survivors, and other vulnerable women, such as the differently-abled and minors.
In this case, even the First Information Report (FIR) of the crime was registered only on March 20, after the 24-week limit permissible for abortion. The FIR has recorded the commission of offences under Section 376 (rape) of the Indian Penal Code and Protection of Children from Sexual Offences Act.
A Bench of Chief Justice of India D.Y. Chandrachud and J.B. Pardiwala agreed with the recommendation of a medical board that the “continuation of pregnancy against the will of the minor may impact her physical and mental well-being”.
The court noted that while a certain risk was involved in the MTP procedure, the medical board was of the opinion that the threat to her life was not higher than what it would be at the time of delivery if the pregnancy continued to its full term.
The State government has agreed to take the expenses for the procedure, after care and her transportation.
The mother of the minor had appealed to the Supreme Court after the Bombay High Court had refused relief in an order on April 4.
Setting aside the High Court order, Chief Justice Chandrachud said the “urgency of the situation and the welfare of the minor was of paramount importance” in the case.
Does India need to decriminalise abortion? | In Focus podcast
“Every hour is crucial for her [minor],” Chief Justice Chandrachud said.
The court passed the order, saying it would pronounce a detailed one later on. The court’s formalities, the CJI said, should not delay the medical procedure.
The Bench had heard the case after court-hours on Friday. It had sought the assistance of Additional Solicitor General Aishwarya Bhati as amicus curiae.
The court had ordered a medical team to file a report after examining her emotional and physical well-being. The confidential report was submitted on Saturday.
