NEW DELHI: The Supreme Court on Thursday declined to entertain a curative plea filed by AIIMS on the medical termination of a 30-week pregnancy of a 15-year-old rape survivor, and urged the Centre to consider amending the law to allow termination of pregnancies arising out of rape beyond 20 weeks.
Observing that there should ideally be no time limit in cases of pregnancy due to rape, a bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the law must be “organic” and in sync with evolving times.
The court expressed anguish over the case, noting that forcing a minor to continue an unwanted pregnancy would violate her dignity, autonomy and long-term well-being.
“It is a case of child rape. This is an unwanted pregnancy of a 15-year-old child. She should be studying now, but we are forcing her to become a mother. Imagine the pain and humiliation she has suffered,” the bench observed, adding that an unwanted pregnancy cannot be thrust upon a person. It stressed that in such cases, the choice to continue or terminate the pregnancy must rest with the victim.
The court asked Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, to consult the minor’s parents and said a final decision should be taken after comprehensive medical and psychiatric counselling.
It exercised its extraordinary powers under Article 142 to override statutory limits and ensure that the minor and her family are supported in making an informed choice.
During the hearing, AIIMS submitted that termination at 30 weeks was medically risky, stating that the foetus is viable and may survive with neonatal care, though the minor could face long-term health complications. It was also suggested that the child could be given up for adoption.
However, the court noted that compelling the minor to carry the pregnancy could subject her to lifelong trauma and emotional distress, and clarified that termination may proceed if it does not pose permanent harm to the mother.
The bench also urged the media to exercise restraint and sensitivity while reporting the case, given that it involves a minor rape survivor.
Earlier, on April 24, the apex court had allowed the 15-year-old, admitted to AIIMS Delhi since April 10, to terminate her 29-week pregnancy, holding that no court can force a woman, especially a minor, to carry an unwanted pregnancy to full term against her will, as it would amount to a breach of her fundamental rights.