The Supreme Court of India has granted approval to a minor rape survivor to get an abortion. The 14-year-old will now be able to abort her nearly 30-week pregnancy.
Exercising its powers under Article 142 of the Constitution, which empowers it to pass any order necessary for doing complete justice in any case, the Supreme Court directed the dean of the Lokmanya Tilak Municipal Medical College and General Hospital to set up a team of doctors to terminate the minro's the pregnancy.
The plea was heard by Chief Justice of India DY Chandrachud and Justice JB Pardiwala. The 14-year-old alleged rape survivor and her mother had moved the top court for an abortion after the Bombay High Court declined them an abortion due to the advanced stage of the pregnancy.
However, after hearing the case on Monday, the Supreme Court has granted the minor girl to abort the pregnancy at 30 weeks.
The top court observed that the Bombay High Court did not take into fact the "emotional and physical well being of the minor".
The Supreme Court has ordered a medical examination for the 14-year-old girl to understand if an abortion would be advisble or not. Based on the report, the top court and medical board at Mumbai's Sion hospital observed that the continuation of the pregnancy will impact the "physical and mental well-being of the minor".
The court also observed "while a certain degree of risk is involved, the board has opined that the threat in carrying out the termination is not higher than than the risk in full delivery."
The court noted the special circumstances of this case and took into notice that the FIR for sexual assault and rape was filed when the minor had already crossed the 24-weeks mark.
Under the Medical Termination of Pregnancy Act, the upper limit for abortion of a pregnancy is 24 weeks for married women and special categories such as vulnerable women and rape survivors. However, after hearing the plea, the Supreme Court set aside Bombay HC's orders.
