The Supreme Court of India has urged the Centre to reconsider the laws governing pregnancy termination for rape survivors, particularly allowing medical procedures beyond the existing 20-week limit. This crucial recommendation came on Thursday as the court addressed a plea from AIIMS, which challenged its previous ruling permitting a 15-year-old rape survivor to terminate her 30-week pregnancy. The bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, argued that there should not be a time constraint in such traumatic cases.
The court emphasized that laws need to be adaptable to present societal norms and the evolving nature of medical practices. They highlighted the long-lasting trauma and physical implications that rape victims face when carrying an unwanted pregnancy to term.
“This is a case of child rape, where the survivor will bear lifelong scars if we deny her the right to terminate this pregnancy,” the court stated. They further asserted that when the mother does not face permanent health issues, the termination should be pursued.
In its remarks, the court instructed AIIMS to provide guidance to the survivor’s parents on the matter, stressing that the survivor must ultimately retain the choice over her body and future. The bench pointed out that there are many children available for adoption and that unwanted pregnancies could lead to dire consequences.
“Imagine this child; she should be studying, not facing the burden of motherhood. We must acknowledge the suffering and humiliation she has already endured,” the judges remarked as they discussed the implications of forcing an unwanted pregnancy on such a young victim.
During the proceedings, Additional Solicitor General Aishwarya Bhati, representing AIIMS, discussed concerns about the physical and emotional repercussions for the minor mother, citing potential serious health issues and the challenges she might face in future pregnancies. She noted that with the pregnancy being at 30 weeks, the fetus is now viable.
The Supreme Court emphasized the importance of empowering the survivor and her family to make a well-informed decision regarding the termination. The ruling echoes a broader conversation about the reproductive rights of minors in India, particularly in cases of sexual assault and trauma.
On April 24, a previous bench of Justices B V Nagarathna and Ujjal Bhuyan had initially allowed the girl to proceed with the medical termination of her pregnancy, indicating a judicial recognition of the need for exceptional measures in the context of sensitive cases such as this.
