The Supreme Court on Thursday strongly objected to a plea filed by AIIMS seeking to set aside its earlier order permitting a 15-year-old rape survivor to medically terminate her 30-week pregnancy, and urged the Centre to consider amending the law to allow rape survivors to terminate unwanted pregnancies even beyond the 20-week limit.
Observing that there should be no time limit in cases of pregnancy arising out of rape, the court said the law must be “organic” and in tune with evolving times.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the matter involved child rape and stressed that the survivor would suffer lifelong trauma and emotional distress if the termination was not permitted. The court also remarked that if the mother does not suffer permanent disability, the termination should be carried out.
The bench directed AIIMS to counsel the parents of the minor and said the final decision must rest with the person concerned and her guardians, while emphasising that medical experts could assist in enabling an informed choice.
“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 court observed, adding that unwanted pregnancy cannot be thrust upon a person.
During the hearing, Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, argued that termination was not medically advisable at this stage, noting that at 30 weeks the foetus is viable and could survive with neonatal care, though the mother may face long-term health consequences. She suggested that the child could instead be given up for adoption.
The court, however, maintained that the decision must be based on the survivor’s and her parents’ consent, and that AIIMS should only facilitate counselling and informed decision-making.
On April 24, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the minor to undergo medical termination of her pregnancy at 30 weeks.
(With inputs from PTI)
