Supreme Court Recalls Order on Pregnancy Termination as Parents of Minor Rape Victim Reverse Decision

In a significant turn of events, the Supreme Court, on Monday, revoked its earlier order permitting the medical termination of pregnancy for a 14-year-old rape survivor. The decision came after the parents of the minor girl opted to retract their consent for the termination, emphasizing the paramount importance of the minor’s welfare.

The apex court had initially exercised its powers under Article 142 of the Constitution on April 22, granting permission for the termination of the 30-week pregnancy of the minor girl. However, following the parents’ change of heart, a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra convened to reconsider the matter.

During the chamber proceedings held at 2 pm, the bench engaged with Additional Solicitor General Aishwarya Bhati, who provided legal assistance, and counsel representing the parents. The parents, communicating via video-conferencing, expressed their decision to allow the pregnancy to continue to full term.

Respecting the parents’ wishes and prioritizing the minor girl’s well-being, the bench acceded to their request and rescinded the previous order issued on April 22.

Earlier in the day, concerns were raised regarding allegations against hospital doctors involved in the case. The Chief Justice emphasized the significance of considering various agencies involved, including the minor’s will, her mother’s stance, and the doctors’ expertise and agency in safeguarding the mother’s best interests.

The courtroom dialogue underscored the complex ethical and legal considerations surrounding pregnancy termination, especially in cases involving minors and rape survivors. The Supreme Court’s initial directive had overturned the Bombay High Court’s decision and mandated the setup of a medical team for abortion at the Lokmanya Tilak Municipal Medical College & General Hospital (LTMGH) in Mumbai.

The case, originally brought before the apex court through a petition filed by the girl’s mother challenging the Bombay High Court’s ruling, delves into the intricacies of the Medical Termination of Pregnancy (MTP) Act. Under this legislation, the permissible window for abortion is capped at 24 weeks for various categories, including rape survivors, differently-abled individuals, and minors, underscoring the need for sensitive and judicious decision-making in such matters.

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