SC Recalls Its Order Allowing Teen To Terminate Pregnancy After Health Concerns Surface

 The Supreme Court reversed its order after the minor girl’s parents expressed their desire to have the baby after concerns were raised with regards to the safety of their daughter's health.

Outlook, 29 April 2024 :  The Supreme Court on Monday recalled it earlier order allowing a 14-year-old rape survivor to terminate her pregnancy. The apex court reversed its order after the minor girl’s parents expressed their desire to have the baby after concerns were raised with regards to the safety of their daughter's health.

After speaking to the child's parents over video conferencing, CJI DY Chandrachud reportedly said that the “interest of the child is paramount”.

Earlier on Monday, the case was mentioned again in front of the bench headed by CJI. After going through new details, the bench had asked for a video conference with the minor's parents.

The parents of the minor girl expressed their will to take their daughter back at home and deliver the baby.

Last week, the top court allowed the petition filed by a minor rape victim's mother seeking termination of a 28-weeks-pregnancy of her 14-year-old daughter.

The court noted that the Bombay High Court order that rejected her plea of abortion did not factor in the impact of pregnancy on the minor. The pregnancy had almost entered the 30th week till the Supreme Court decided the case.

The top court allowed abortion and set aside the Bombay High Court order after a fresh medical report by the Medical Board. The fresh examination by the medical board opined that threat to the life of minor was less in carrying out termination rather than allowing the pregnancy to continue to its full term.

"The minor was unaware that she was pregnant until very late. The medical board has said that the continuation of pregnancy may impact the well-being of the minor." the apex court said.

The court was told that the FIR was itself recorded on March 20, which is after the 24-weeks-pregnancy was completed. 24-weeks is a threshold for abortion under the current law. After that, a court's approval is needed to terminate pregnancy.

According to the Medical Termination of Pregnancy Act (the law governing abortions in India), terminating a pregnancy beyond 24 weeks would require court's permission.

The top court had set aside the Bombay HC order and requested the hospital authorities to constitute a team to undertake the termination of pregnancy and ensure her transportation.