Supreme Court disposes of contempt plea in minor's pregnancy termination case

New Delhi: The Supreme Court on Monday closed contempt proceedings against the Centre and the All India Institute of Medical Sciences (AIIMS), New Delhi, after noticing compliance in a case relating to the termination of a 30-week pregnancy of a minor girl. 

A division of the bench led by Justices BV Nagarathna and Ujjal Bhuyan was informed by Additional Solicitor General Aishwarya Bhati that its 24 April order has been complied with.

"We do not find any reason to consider this contempt petition any further. Hence, the contempt proceedings against the respondents are dropped," the bench said, news agency PTI reported.

Also Read:Supreme Court dismisses AIIMS plea in 15-year-old's pregnancy termination case

During the hearing, Justice Nagarathna orally remarked that passing such a direction is not easy, but the court has to decide such matters. 

"It's not easy for us here. There is nobody who is winning, nobody is losing this. But then we have to take a decision without emotion. I hope it doesn't come to this again in the sense that we don't want any more unwanted pregnancies coming for termination," she said.

Justice Nagarathna further stated that if AIIMS refuses to take the responsibility of carrying out Medical Termination of Pregnancy in such a case, then the woman's life would be at risk as she would turn to unqualified doctors.  

Observing that unwanted pregnancies, including those arising out of consensual relationships, were increasing, Justice Nagarathna said that in many cases, the shock of the minor and the delay in informing family members leads to late decisions, after which private clinics refuse assistance, and the patient ultimately approaches AIIMS.

"The tendency nowadays in society of these unwanted pregnancies is on the rise. You see what happens – They don't inform, here the mother (of the minor girl) was detected. By the time a decision is taken in the family, it will be seven months. You see, it is very difficult.

"The shock of the girl who is not married and is a minor having become pregnant, and the decision of the family on what to do. Either a lacuna in the law or a tendency in the society. Somebody has to answer it," Justice Nagarathna added.

The apex court was hearing a contempt petition filed by the mother of a 15-year-old minor girl, alleging non-compliance by AIIMS and the Centre with its order allowing her to terminate a 30-week pregnancy. 

A minor child cannot be forced to bear a pregnancy, the top court on 30 April said while pulling up the Centre and asking it to amend the law to permit rape survivors to terminate unwanted pregnancies even beyond 20 weeks.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi had taken strong exception to a plea by AIIMS seeking to set aside the apex court order allowing a 15-year-old girl to medically terminate her 30-week pregnancy, reports PTI.

Observing that the reproductive autonomy of a mother-to-be must be accorded the highest importance, a bench of Justices BV Nagarathna and Ujjal Bhuyan had allowed the 15-year-old to medically terminate her pregnancy of 30 weeks.

The top court also dismissed the review plea filed by AIIMS and held that medical termination of unwanted pregnancy cannot be rejected on grounds of the advanced stage of pregnancy or normalcy of the foetus.

Also Read:Gujarat HC approves pregnancy termination for 16-year-old minor rape survivor