The Supreme Court on Monday allowed a 14-year-old sexual assault victim to terminate her almost 30-week pregnancy, terming it a “very very exceptional case where we have to protect her”.
A bench presided by Chief Justice of India D Y Chandrachud read the report submitted by the dean of the Lokmanya Tilak Municipal General Hospital and Medical College, Sion, Mumbai. The bench said the report “has clearly opined that the continuation of the pregnancy against the will of the minor may impact negatively on the physical and mental well-being of a minor who is barely 14 years old”.
The bench also asked the dean to constitute a team to undertake the medical termination of pregnancy of the minor. Allowing the procedure, the bench said this was necessary “bearing in mind the exigencies of the situation and the welfare of the minor which is of paramount importance and her safety…”.
The girl’s mother moved the SC after the Bombay High Court declined to grant relief.
Setting aside the High Court order, the top court recorded in its order that the state has agreed to bear all the expenses of the procedure. The Supreme Court added that if post-termination, any further medical care is required, it may be ensured in the interest of the minor.
The court noted in its order on Monday that the First Information Report (FIR) was itself recorded on March 20, 2024, beyond the period of 24 weeks envisaged in the MTP Act. The FIR under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (Pocso) Act was registered in connection with the crime.
Hearing the petition on April 19, the SC noted that the medical report relied on by the Bombay HC did not contain an evaluation of the physical and mental status of the minor particularly having regard to the background leading upto the pregnancy including the alleged sexual assault. That day, the Supreme Court also asked Sion Hospital to constitute a medical board to examine her afresh on this aspect. Accordingly, the hospital set up a team of six doctors, which medically examined her again.
nder law, the Medical Termination of Pregnancy Act (MTP Act) allows the termination of pregnancy up to 20 weeks on the advice of one doctor.
The Supreme Court on Monday allowed a 14-year-old sexual assault victim to terminate her almost 30-week pregnancy, terming it a “very very exceptional case where we have to protect her”.
A bench presided by Chief Justice of India D Y Chandrachud read the report submitted by the dean of the Lokmanya Tilak Municipal General Hospital and Medical College, Sion, Mumbai. The bench said the report “has clearly opined that the continuation of the pregnancy against the will of the minor may impact negatively on the physical and mental well-being of a minor who is barely 14 years old”.
The bench also asked the dean to constitute a team to undertake the medical termination of pregnancy of the minor. Allowing the procedure, the bench said this was necessary “bearing in mind the exigencies of the situation and the welfare of the minor which is of paramount importance and her safety…”.
The girl’s mother moved the SC after the Bombay High Court declined to grant relief.
Setting aside the High Court order, the top court recorded in its order that the state has agreed to bear all the expenses of the procedure. The Supreme Court added that if post-termination, any further medical care is required, it may be ensured in the interest of the minor.
Explained | SC allows abortion of 30-week foetus: What is the law on abortions, and what does the court consider?
The court noted in its order on Monday that the First Information Report (FIR) was itself recorded on March 20, 2024, beyond the period of 24 weeks envisaged in the MTP Act. The FIR under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (Pocso) Act was registered in connection with the crime.
Hearing the petition on April 19, the SC noted that the medical report relied on by the Bombay HC did not contain an evaluation of the physical and mental status of the minor particularly having regard to the background leading upto the pregnancy including the alleged sexual assault. That day, the Supreme Court also asked Sion Hospital to constitute a medical board to examine her afresh on this aspect. Accordingly, the hospital set up a team of six doctors, which medically examined her again.
The Medical Termination of Pregnancy (MTP) Act allows the termination of pregnancy up to 20 weeks on the advice of a doctor. The right to seek abortion is determined by two registered medical practitioners as an exception if a pregnancy is 20-24 weeks under certain categories.
