Supreme Court Advocates Law Change for Rape Survivors' Pregnancy Termination
Supreme Court's Stance on Pregnancy Termination for Rape Survivors
File image of The Supreme Court of India(Photo: @TheDailyPioneer)
New Delhi, Apr 30: The Supreme Court expressed strong disapproval on Thursday regarding a request from AIIMS to overturn its ruling that permitted a 15-year-old girl to undergo a medical termination of her 30-week pregnancy. The court urged the government to contemplate revising the law to allow rape survivors to terminate unwanted pregnancies even after the 20-week limit.
The court emphasized that in cases of pregnancies resulting from rape, imposing a time constraint is inappropriate.
It highlighted the necessity for laws to evolve alongside societal changes.
A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi remarked that this situation involves child rape, and denying termination could leave the survivor with enduring trauma.
The court indicated that if the mother does not face permanent disability, the procedure should proceed.
AIIMS was instructed to provide counseling to the survivor's parents, emphasizing that the ultimate decision should rest with the individual involved.
"There are children available for adoption. In our country, we have a significant number of abandoned children on the streets, and even criminal networks exploiting them. We must consider these factors. This pregnancy is unwanted for a 15-year-old girl.
"This is a curative petition. An unwanted pregnancy cannot be imposed on anyone. Picture her as a child who should be focusing on her education, yet we are forcing her into motherhood. Consider the pain and humiliation she has endured," the bench stated.
Additional Solicitor General Aishwarya Bhati, representing AIIMS, referred to the curative petition, asserting that terminating the pregnancy is not feasible.
"The fetus would be a live baby with significant deformities. The minor mother would face lifelong health complications and would be unable to bear children. This child could be placed for adoption. It has been 30 weeks; it is now a viable life," she argued.
The Supreme Court reiterated that the choice regarding termination should belong to the survivor and her parents, with AIIMS assisting them in making an informed decision.
On April 24, a bench comprising Justices B V Nagarathna and Ujjal Bhuyan had granted permission for the girl to medically terminate her 30-week pregnancy.