In a landmark decision on Monday, the Supreme Court mandated the immediate medical termination of a 28-week pregnancy for a 14-year-old rape victim. The bench, led by Chief Justice of India D Y Chandrachud, overturned a previous order from the Bombay High Court, emphasizing the expert opinion of the medical board at Sion Hospital. The medical experts highlighted the potential physical and mental risks to the minor if the pregnancy were to continue.
Acknowledging the inherent risks involved, the bench underscored the medical board’s assessment that the dangers associated with termination were not greater than those of full delivery. In light of these findings, the bench directed the Dean of Sion Hospital to carry out the medical termination without delay.
This decision follows the apex court’s urgent consideration of the matter, prompted by an email from the rape survivor’s representatives, seeking immediate judicial intervention. Additional Solicitor General Aishwarya Bhati represented the government in the proceedings.
The case falls under the purview of the Medical Termination of Pregnancy (MTP) Act, which stipulates a 24-week upper limit for termination. This provision applies not only to married women but also extends to special categories, such as rape survivors and other vulnerable groups, including differently-abled individuals and minors.
