Supreme Court grants permission for abortion to 14-year-old minor girl
New Delhi, 22nd April 2024: The Supreme Court of India has allowed a 14-year-old rape survivor to terminate her 28-week pregnancy. The court exercised its powers under Article 142 of the Constitution to allow the medical termination of pregnancy (MTP) of the minor girl. Considering the negative impact on the mental and physical health of the minor if the pregnancy continues, the court has granted permission for abortion based on the recommendation of the medical board.
The court has ordered Sion Hospital in Mumbai to immediately form a team of doctors for the abortion procedure and has instructed the Maharashtra government to arrange for the transportation of the minor to and from the hospital. This order was issued by the bench of Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala after hearing the plea of the pregnant minor’s mother.
The Bombay High Court had denied permission for abortion after reviewing the medical board’s report from JJ Hospital. The Supreme Court had ordered a re-examination of the minor’s physical and psychological condition on April 19, requesting a report from Sion Hospital in Mumbai. The court noted that the previous medical board had not assessed this aspect.
The panel of doctors from Sion Hospital, after re-examining the minor, reported to the Supreme Court that continuing the pregnancy against her wishes would negatively affect her physical and mental health. They also stated that in this situation, abortion can be performed and currently, continuing the pregnancy poses a greater risk to the minor’s life than undergoing an abortion after the completion of the gestational period.
The Supreme Court, after reviewing the report of the medical board from Sion Hospital on Monday, has decided to keep its final decision reserved with reasons in the case. However, considering the current circumstances, the court has issued an immediate interim order for the termination of the pregnancy.
