Supreme Court reprimands Centre over minor rape victim's abortion plea; urges change in law

New Delhi: The Supreme Court has reprimanded the Central Government regarding the case of a 15-year-old rape victim seeking an abortion. On Thursday, the Court expressed strong objection to a petition filed by AIIMS, which sought to recall the Court's earlier order granting the minor permission to terminate a 30-week pregnancy. Furthermore, the Court urged the Central Government to consider amending the law to allow rape victims to terminate unwanted pregnancies even after the 20-week statutory limit has elapsed.

What did the Supreme Court say?

The Court stated that when a pregnancy results from rape, there should be no prescribed time limit for its termination. It emphasized that the law must remain relevant and evolve in tandem with changing times. A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that this is a case involving the rape of a child, and if the abortion is not permitted, the victim would be condemned to endure lifelong mental trauma and suffering. The apex court asserted that unless there is a risk of permanent disability to the mother, the procedure for terminating the pregnancy should be carried out. Additionally, the Court directed AIIMS to provide counseling to the victim's parents regarding this matter, clarifying that the final decision must ultimately rest with the teenage victim herself.

The bench remarked, "There are plenty of children available for adoption in this country. We do not suffer from a lack of compassion here... There are numerous abandoned and destitute children on the streets; indeed, even a mafia operates around this issue. We must pay attention to this as well. This involves the unwanted pregnancy of a 15-year-old girl. This is a remedial petition. An unwanted pregnancy cannot be imposed upon anyone. Just consider—she is a child who, at this stage of her life, ought to be focusing on her studies, yet we are effectively compelling her to become a mother. Imagine the magnitude of the suffering and humiliation she has already endured."

What did the AIIMS say about the issue?

Appearing on behalf of AIIMS, Additional Solicitor General Aishwarya Bhati submitted that terminating the pregnancy at this stage is not feasible. He stated, "The child may be born alive, albeit with severe deformities. The minor mother could face lifelong health complications and may be unable to conceive in the future. This child could be given up for adoption. Thirty weeks have now elapsed; the child is now viable."

The Supreme Court observed that the decision regarding the termination of the pregnancy would rest upon the wishes of the victim and her parents, and that AIIMS could assist them in making an informed decision. Earlier, on April 24, a bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan had granted permission to terminate a 30-week pregnancy.