SC urges law change on pregnancy termination for minor rape-victims

SC urges law change on pregnancy termination for minor rape-victims

The Supreme Court on Thursday commented that the Medical Termination of Pregnancy Act should be revised to remove the time constraints for the legal termination of pregnancies stemming from the rape of minor girls.

The bench, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, was hearing a curative petition filed by AIIMS, New Delhi, against the direction of a two-judge bench to terminate the pregnancy of a 15-year-old rape survivor, who is currently 30 weeks pregnant.

State shouldn't challenge such decisions: SC

Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, had argued that the pregnancy has crossed the 24-week upper limit.

However, the bench shot back, stating the decision to terminate should rest with the victim and her parents, with guidance from medical experts.

Chief Justice Kant said, "Nothing can compensate the agony she...suffered."

"Please amend your law so that in cases of unwanted pregnancy on account of rape of a minor girl, the time limitation will not be there," he added.

Psychological trauma of carrying unwanted pregnancy

The court also highlighted the psychological trauma of carrying an unwanted pregnancy at such a young age.

"Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this," it said.

The bench pointed out that forcing a minor to continue with a pregnancy due to rape would only add to her suffering and could leave lifelong psychological scars.

'There are good doctors at AIIMS'

AIIMS had earlier told the court that proceeding with the termination may not be in the minor's best interests, noting that ending the pregnancy at such an advanced stage could result in lifelong health and that the baby could be born with severe deformities.

To this, the court replied, "This is a case of child rape...victim will have life-long scar and trauma....There are good doctors at AIIMS... they can ensure the safety of the girl."

Earlier, court allowed termination, upheld fundamental rights

The court said that if it were an adult woman, things might have been different, "but this is an unwanted pregnancy of a 15-year-old child."

"If it has become a fight between a child and foetus, then the child should be allowed to live with dignity," he said.

"Law has to be ruthless if justice so demands!"

Earlier, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the termination of a pregnancy.