The Supreme Court on Monday allowed medical termination of pregnancy (MTP) of 29-week pregnancy of a 14-year-old rape survivor while noting that continuing the pregnancy may harm the physical and mental health of the minor.
Allowing the minor girl to undergo abortion of her over 29-week pregnancy, a bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said that the urgency of the situation and the welfare of the minor necessitates the medical termination of pregnancy.
“We will allow the medical termination since she is 14-year-old and it is rape case and this is an exceptional case. Every passing hour is very crucial for her,” the bench said in its order permitting MTP.
The top court order came after the medical team which examined the minor rape victim, in its report, said the continuation of the pregnancy would affect the physical and mental well-being of the minor.
The medical team took note of the report of doctors which had said 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 the delivery at full term.
The top court also set aside the Bombay High Court order declining the plea for the medical termination of her pregnancy.
On Friday – April 19, 2024 – top court had ordered the medical examination of the victim at Sion Hospital, Maharashtra on Saturday and posted the matter for hearing on April 22.
The court had said that the medical examination at Sion Hospital to indicate the possible mental and physical impacts on the minor in the event of allowing such a termination.
Victim’s mother had approached the top court challenging the Bombay High Court’s April 4, 2024, order declining to grant the relief of termination.
The top court on Friday – April 19, 2024 – had noted that the medical report relied upon by the High Court failed to evaluate the physical and mental status of the minor victim, specifically in light of the context of the alleged sexual assault.
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.