Supreme Court Says No Time Limit for Abortion in Child Rape Cases

A Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi while hearing the plea by AIIMS to set aside its earlier order, directing it to allow medical termination of pregnancy by a 15-year-old at 30 weeks of gestation, held that time limit is non-existent when the pregnancy is a result of rape.

Court Highlights Trauma in Child Rape Case

The bench further directed that this was a case of child rape and said that the survivor will be dealing with lifelong scars and trauma if termination is refused. It also directed that termination must be carried out if the mother has no permanent physical disability and directed AIIMS to counsel the parents about the issue, emphasizing that the final decision must rest with the victim. 

“Please amend your law so that when there is pregnancy due to rape etc, then time limitation will not be there. The law needs to be organic and in sync with evolving times. Also amend the law so that such trials are completed within a week. Why should the child suffer the pending trauma of the trial also,” the Supreme Court said.

Bench Stresses Victim’s Reproductive Freedom

The court stressed the importance of reproductive autonomy. It observed that if the victim does not have a physical disability, termination should be permitted, especially in child rape cases. 

“This is a curative petition. Unwanted pregnancy cannot be thrust on a person. Imagine. She is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this,” the court said.

ASG Opposes Termination Citing Risks

Additional Solicitor General Aishwarya Bhati had opposed the medical termination, submitting a curative petition and said that it was not possible to terminate the pregnancy. 

Bhati said, “It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce. This child can be given for adoption. It has been 30 weeks now. It is a viable life now.” 

SC Upholds Right to Terminate 30-week Pregnancy

A Bench of Justices B V Nagarathna and Ujjal Bhuyan had last week allowed a 15-year-old girl to terminate a 30-week pregnancy on the grounds that her reproductive autonomy should be given the highest importance. The court had also rejected AIIMS's plea to review its order, holding that a pregnancy beyond 20 weeks and normality of the foetus are not reasons to deny medical termination of an unwanted pregnancy.