SC orders immediate medical examination of 14-year-old rape survivor seeking to terminate 28-week pregnancy
In a special evening hearing on Friday, beyond the general court timings of 4 pm, the Supreme Court ordered the immediate medical examination of a 14-year-old rape survivor seeking to terminate her 28-week pregnancy.
The Chief Justice D Y Chandrachud was apprised that the Bombay High Court in its order on April 4 had rejected the plea filed by the mother of the minor who is now 14 years old. After her dismissal of the plea, she moved the apex court seeking termination of her daughter's pregnancy. It is alleged that the minor girl was subjected to sexual assault, following which she got pregnant.
Before the hearing concludes, the CJI, taking a humanitarian approach, said it is necessary for the court to be apprised of the impact of the pregnancy on the physical and mental status of the minor.
"The girl should be examined by the hospital at Sion tomorrow. We request the counsel of the state of Maharashtra for transportation of the petitioner and daughter to the hospital. The report of the hospital shall be placed before this court on 10:30 AM on April 22/23," the top court said.
The court noted that in rejecting the medical termination of pregnancy of the girl, the HC had relied on the opinion of the medical board.
The top court also noted that the petitioner, however, stated that the medical opinion was prepared without examining her daughter.