28-Week Pregnancy Termination: SC To Hear Minor Rape Victim's Abortion Plea On Monday

The Supreme Court will resume hearing the petition filed by a minor rape victim's mother seeking termination of a 28-weeks-pregnancy of a 14-year-old girl tomorrow.

The Supreme Court noted that the medical report on which the High Court based its ruling, did not mention the impact of the physical and mental status of the pregnancy on the minor

Source : PTI

The Supreme Court will resume hearing the petition filed by a minor rape victim's mother seeking termination of a 28-weeks-pregnancy of her 14-year-old daughter tomorrow. The court on Friday directed a Mumbai hospital to carry out medical examination of the pregnant rape victim and submit the report by Monday. 

A bench headed by Chief Justice Of India (CJI) DY Chandrachud heard the case on Friday after it was urgently mentioned over email.

The mother of the minor rape victim moved the top court seeking an urgent hearing after the Bombay High Court denied permission to the 14-year-old girl to terminate her pregnancy.

The High Court rejected the rape victim's plea to terminate pregnancy saying that terminating the pregnancy at an advanced stage would result in the birth of a fully developed foetus.

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. 

On April 4, the Bombay High Court had dismissed the plea filed by the girl's mother based on the Medical Board's report. The Medical Board's assessment stated that the victim's pregnancy presented a scenario where a live, viable preterm baby would result from termination, requiring neonatal intensive care.

The Board's report ruled out any substantial fetal abnormalities warranting termination after the 24-week threshold.

The high court in its order noted that the medical termination of pregnancy at this advanced gestational age will bear the same risk and consequences as that of delivery of term.

The mother then knocked the Supreme Court challenging the High Court's order, stating that medical opinion was prepared without examining her daughter.

The Supreme Court noted that the medical report on which the High Court based its ruling, did not mention the impact of the physical and mental status of the pregnancy on the minor and the background leading to the pregnancy, including alleged sexual assault.

The apex court directed the counsel of the state of Maharashtra to help in the transportation of the girl and her mother to the hospital.

The court said that the medical board will decide whether a termination of pregnancy can be carried out without threat to the life of the minor girl.