The Supreme Court of India on Thursday expressed strong concern over a plea submitted by AIIMS, which sought to overturn its previous order permitting a 15-year-old survivor of rape to undergo a medical termination of her 30-week pregnancy. The Court firmly requested the Central Government to consider amending existing laws to enable rape survivors to terminate unwanted pregnancies even beyond the traditional 20-week cutoff.
During the proceedings, the bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi emphasized that no time limitation should apply when the pregnancy results from rape. “When there is pregnancy due to rape, there should not be a time limit,” the bench stated, underscoring the need for laws to evolve in accordance with societal needs and realities.
The judges highlighted the profound emotional and psychological impact of such unwanted pregnancies, particularly for minors. They remarked, “This is a case of child rape, and the survivor will carry a lifelong scar and trauma if termination is not permitted.” The Court noted that if the mother does not have permanent disability, the termination should be allowed.
Moreover, the bench directed AIIMS to engage with the parents of the survivor and facilitate counseling regarding the sensitive issue at hand, stating that the ultimate decision must be made by the individual concerned.
“There are children available for adoption. In our country, we have a significant number of deserted and abandoned children. This unwanted pregnancy belongs to a 15-year-old child,” the judges expressed. They painted a vivid picture of the psychological burden being placed on the young survivor, asserting, “Imagine she is a child. She should be studying now, but we want to make her a mother. Imagine the pain and the humiliation she has suffered.”
Representing AIIMS, Additional Solicitor General Aishwarya Bhati addressed the bench’s concerns, but maintained that the termination of the pregnancy was not a feasible option. She warned that allowing the procedure would result in a live birth with severe deformities, asserting, “The minor mother will face lifelong health issues and cannot reproduce.” Bhati also suggested that the child could be given up for adoption, emphasizing the viability of the pregnancy at this stage.
However, the Supreme Court reiterated that the decision regarding termination must reflect the survivor’s and her family’s wishes. The judges stated that AIIMS could assist the parents and the young survivor in making an informed and compassionate decision.
Previously, on April 24, a bench led by Justices B V Nagarathna and Ujjal Bhuyan had granted permission for the girl to undergo the medical termination of her pregnancy at 30 weeks. The evolving discussions surrounding this case reflect a growing recognition of the need for reform in laws concerning reproductive rights for survivors of sexual violence.
