Indian Supreme Court allows 14-year-old rape survivor to abort 28-week pregnancy

The Indian Supreme Court on Monday (Apr 22) allowed a 14-year-old rape survivor to abort her 28-week pregnancy, deeming the case as "exceptional".

As per Indian law, a court's permission is needed to undergo an abortion beyond 24 weeks of pregnancy.

Earlier, the survivor's mother had sought the medical termination of the pregnancy. However, the Bombay High Court declined her plea.

Add WION as a Preferred Source

On Monday, Chief Justice of India (CJI) DY Chandrachud said this case was exceptional and allowed the minor's abortion based on a hospital report.

"The High Court of Bombay by order 4..4.24 declined to allow the plea for medical termination of pregnancy on behalf of a minor daughter. The minor, who is pregnant, is alleged to have been subjected to sexual assault...The high court while declining the plea relied on the report submitted by the JJ Group of Hospitals (Mumbai)," CJI Chandrachud said, LiveLaw reported.

"The petition was mentioned on urgent orders...the bench reassembled immediately thereafter and took note of the fact that the report relied upon by the HC did not take into fact the emotional and physical well-being of the minor ...," Chandrachud added.

He said that a fresh medical board was directed to be constituted under the expertise of the Sion Hospital. The minor was examined by a team of doctors.

"...after examining minor, they have opined as follows (extracted from the report)....while forwarding the report of the medical board, the dean of the hospital has noted the opinion, in view of the urgency of the situation were are inclined while reserving the judgement, issuing the directions under Medical Termination of Pregnancy Act and Under Article 142 ...." he further said.

"...in a similar case, this court had converted to its constitutional jurisdictional u/a 142.....the following are borne in mind : (1) the minor is 14 years old (2) pregnancy alleged to be an emanation from sexual assault; (3) she was unaware that she was pregnancy until a very late stage," he added.

Also watch |16-year-old allegedly gang-raped virtually

The medical board at the Sion Hospital opined that the continuation of the pregnancy may impact the physical and mental wellbeing of the minor.

CJI Chandrachud said that while a certain degree of risk was involved (in the abortion), the board opined that the threat in carrying out the termination is not higher than the risk in full delivery.

(With inputs from agencies)