The Supreme Court of India on Thursday called on the Central Government to consider amending existing laws regarding the termination of pregnancies resulting from rape. During a high-profile case involving a 15-year-old girl who sought to medically terminate her 30-week pregnancy, the court insisted that there should be no time limit on pregnancies due to rape. The bench, comprised of Chief Justice Surya Kant and Justice Joymalya Bagchi, emphasized that the law should be flexible and align with the realities of contemporary society.
The Supreme Court expressed strong disapproval of a plea from the All India Institute of Medical Sciences (AIIMS), which sought to overturn its earlier decision allowing the girl to terminate her pregnancy. Chief Justice Kant made it clear that when a child faces pregnancy due to rape, such a life-altering event must consider the survivor’s physical and psychological well-being.
In cases of child rape, the court argued that failing to permit a termination could leave lasting adverse effects, branding it an issue of significant concern. The bench stated, “This is a case of child rape, and the survivor risks enduring lifelong trauma if termination is denied.” It suggested that if the mother does not have a permanent disability, the medical procedure should proceed.
The Supreme Court directed AIIMS to provide counseling for the girl’s parents, reiterating that the choice must ultimately lie with the survivor and her family. As the court emphasized the importance of an informed decision, it also mentioned the availability of adoption as a viable option for unwanted pregnancies.
Chief Justice Kant stated, “Imagine the pain and humiliation this child has suffered. She should be studying, not facing the responsibilities of motherhood.” In their remarks, the justices highlighted the prevalence of abandoned children in the country and advocated for the rights and welfare of minors who find themselves in such distressing positions.
Additional Solicitor General Aishwarya Bhati, representing AIIMS, argued against the termination request, stating that carrying on with the pregnancy would result in severe health complications and lifelong hardships for the minor mother. She noted, “This is a viable life now, and the child can be placed for adoption.” Despite these complications, the Supreme Court maintained that the ultimate decision should rest with the survivor and her parents, emphasizing their medical and emotional counsel.
On April 24, a previous bench ruled in favor of allowing the minor to medically terminate her pregnancy, setting a significant precedent in Indian law. This current case could pave the way for legislative amendments that better recognize the challenges faced by rape survivors, particularly minors.
