An Exceptional Case: SC allows 14-year-old rape survivor to terminate 30-week-old pregnancy
New Delhi: Taking note of the medical report submitted by Mumbai's Sion Hospital, the Supreme Court on Monday allowed the medical termination of a 30-week pregnancy of a 14-year-old alleged rape survivor.
On Monday, the Supreme Court permitted the medical termination of the pregnancy of a 14-year-old survivor of rape, emphasizing the potential risks to the minor's physical and mental well-being if the pregnancy were to continue.
A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala, allowing the girl to undergo abortion who is over 29 weeks pregnant, held that the urgency of the situation and the welfare of the minor necessitated the medical termination of pregnancy.
According to an ANI report, "We will allow the medical termination since she is 14 years old and it is a rape case, and this is an exceptional case. Every passing hour is very crucial for her," the bench said.
The order of the top court came after the recommendation of a medical team, which said the continuation of the pregnancy would affect the physical and mental well-being of the minor.
The top court took note of the report of doctors who had recommended that a "certain degree of risk" was attached to the medical termination of the pregnancy, but the threat to her life was not higher than delivery at full term.
Medical Dialogues team had earlier reported that observing that the Bombay High Court failed to evaluate the physical and mental status of the rape survivor, the Supreme Court ordered a medical examination of a 14-year-old girl who was allegedly raped and has sought termination of her 28-week pregnancy. In an urgent hearing, a bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala directed the medical examination of the victim to be conducted at the Lokmanya Tilak Municipal General Hospital, Sion, Mumbai on 20th April.
The mother of the victim filed the petition seeking the termination of her minor daughter's 28-week pregnancy. The minor was subjected to sexual assault and an FIR was registered with Turbhe MIDC Police Station at her instance on 20 March 2024 for offences punishable under Section 376 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offenses Act 2012.
Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for termination of pregnancy is 24 weeks for married women as well as for those in special categories, including rape survivors, and other vulnerable women, such as the differently abled and minors.
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