NEW DELHI: The Supreme Court allowed the petition filed by a 14-year-old rape victim's mother, seeking a direction to undergo medical termination of her nearly 30-week pregnancy, after noting that it was an exception case and continuing the pregnancy may harm the physical and mental health of the young girl. on Monday.
"These are very very exceptional cases where we have to protect children," a bench led by the CJI D Y Chandrachud said in his order.
While allowing the medical termination of the minor girl, the apex court noted that since she is 14 and it was a rape case and this is an exceptional case, we thereby passed certain orders in this aspect.
The top court, while setting aside the Bombay HC order, directed that the dean at Lokmanya Tilak municipal general hospital should constitute a team to carry out the medical termination of the pregnancy of the minor in respect of whom medical report was submitted.
The arrangements of transportation for the victim should be provided. The State should bear all expense of the procedure. Post termination if any medical care is needed in the interest of the girl should also be provided, as per law, the apex court said.
In a special evening hearing on Friday, beyond the general court timings of 4 pm, the Supreme Court had ordered an immediate thorough medical examination of the 14-year-old rape survivor seeking to terminate her nearly 30-week pregnancy.
The Chief Justice Chandrachud was apprised that the Bombay High Court in it's order on April 4 had rejected the plea filed by the mother of the minor. Following her rejection of the plea, the mother of the victim pursued legal action in the highest court to request the termination of her daughter's pregnancy.
On Friday, before the hearing concluded, the CJI, taking a very humanitarian appraoch, said, the Court must be apprised of the impact of carrying out the pregnancy of the minor.
"The victim girl should be examined by the hospital at Sion tomorrow, April, 20. We request the counsel of 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 had said.
The apex court noted that in rejecting MTP 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.
As the medical report did not contain the impact of physical and mental status of the pregnancy on the minor, the top court said that it was necessary that this court should be apprised about as to how she would be impacted, through her physical and mental well being.