Very Exceptional Case: Supreme Court While Allowing Medical Termination Of 30-Week Pregnancy Of Minor Victim Of Sexual Assault
While observing that these are those "very-very exceptional cases," the Supreme Court has allowed the medical termination of pregnancy of a 14-year old woman at the 30th week.
The Bench of Justice DY Chandrachud and Justice JB Pardiwala set aside the Bombay High Court's Judgment denying permission for termination of pregnancy.
The Petition was filed by the girl's mother, challenging a Bombay High Court ruling that had denied permission for pregnancy termination. According to Counsel representing the Petitioner, the minor is almost 30 weeks pregnant and is residing in Mumbai.
Under the provisions of the Medical Termination of Pregnancy (MTP) Act, termination of pregnancy beyond 24 weeks is typically prohibited for married women and certain vulnerable groups, including rape survivors, minors, and differently-abled individuals.
Additional Solicitor General (ASG) Aishwarya Bhati appeared for the State of Maharashtra. Bhati contended, "Though there is no immediate threat to her life, she needs assistance from your Lordships."
On perusal of the medical report, CJI said, "There should be a medical termination because of the fact she is a minor; she is just 14 years old. She is a rape victim."
"These are those very very exceptional cases where we have to protect her," the CJI added.
The Counsel for the Petitioner suggested the Bench to direct the procedure to be carried out immediately because as per his conversation with the doctor, it is almost a 30-week pregnancy.
The Court noted that the minor, who is pregnant, is alleged to have been subjected to sexual assault, and an FIR has been registered at Turbhe Police Station in Navi Mumbai.
Taking note of a report wherein the minor was examined by a team of six doctors, the Court said, "The circumstances which weighed with us are: MTP is sought for a minor who is 14, the pregnancy has emanated from sexual assault resulting in FIR, the minor herself was unaware that she was pregnant till a very late stage. Fourthly, the medical board at Sion has opined that continuation of pregnancy against will of minor would/may impact negatively on physical and mental well-being of the minor, who is barely 14 years old. Fifthly, while certain degree of risk is involved in every procedure of medical termination, the medical board is opined that threat to life patient is not higher than the risk of delivering full term of pregnancy."
"The welfare of the minor is of paramount importance and her safety, we pass the following Order; i) The Judgment and Order of Bombay High Court shall stand set aside for reasons to follow, ii) The Dean at Lokmanya Tilak Municipal general hospital, Mumbai is requested to constitute a team to carry out the medical termination of pregnancy of the minor in respect of whom the medical board has submitted its report dated April 20, 2024, iii) Same manner as the hospital authorities had ensure the transportation of the minor to the hospital and return home, the same arrangements be made, iv) Keeping in mind the financial status of the minor, the State has agreed to bear all expense of procedure, v) Post termination, if any further medical care is required this may be ensured in the interest of the minor," the Court ordered.
Accordingly, the Court allowed the medical termination of the minor.
In an urgent session convened on Friday (April 19), the Court had ordered a medical examination of a 14-year-old alleged rape victim who petitioned for termination of her 28-week pregnancy. The hospital's medical superintendent was instructed to form a medical board for this purpose, with the report expected to be submitted to the Court by April 22, the next scheduled hearing date.
"In this view of the matter, we are of the view that the petitioner’s daughter should be examined afresh by a Medical Board to be constituted at the Lokmanya Tilak Municipal General Hospital and Lokmanya Tilak Municipal Medical College, Sion, Mumbai tomorrow (20 April 2024). We request the Medical Superintendent of the hospital to constitute a Medical Board for that purpose," the Court had ordered.
It is to be noted that on April 4, 2024, the Bombay High Court had dismissed the petition filed by the mother of a minor who is about fourteen years of age seeking a medical termination of the pregnancy of the minor. It is alleged that the minor was subjected to sexual assault, and an FIR has been registered with Turbhe MIDC Police Station at her instance on March 20, 2024, for offences punishable under Section 376 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act 2012.
Cause Title: A (mother of X) v. State of Maharashtra & Anr. [SLP(C) No. 9163/2024]
