SC Allows Minor Rape Victim To Undergo Termination Of More Than 28 Weeks’ Of Pregnancy

The Supreme Court has permitted 14-year-old alleged rape survivor to undergo medical termination of her almost 30-week pregnancy, setting aside Bombay HC order declining plea for medical termination.

New Delhi:The Supreme Court on Monday allowed a 14-year-old rape victim to undergo termination of her more than 28 weeks’ of pregnancy, noting that continuing the pregnancy may harm the physical and mental health of the young girl.

A bench comprising Chief Justice of India D Y Chandrachud and justice J B Pardiwala set aside the Bombay High Court order and directed the dean at Lokmanya Tilak Municipal General Hospital and medical college Sion, Mumbai, to constitute a team to carry out the medical termination of pregnancy of the minor in respect of whom medical report was submitted. The medical board had submitted that continuing the pregnancy may harm the physical and mental health of the minor. “Bearing in mind the exigencies of the situation, and welfare of the minor, which is of paramount importance and her safety. The judgment and order of the Bombay High Court shall stand set aside…..”, said the apex court.

The bench noted that this is a very exceptional case, where the court has to protect the children.

On April 19, the Supreme Court ordered medical examination of a 14-year-old rape victim, who is 28 weeks pregnant, seeking termination of pregnancy.

The apex court had said the petitioner should be examined by a medical board to be constituted at Sion Hospital tomorrow and the superintendent of the hospital shall constitute a medical board for this purpose. Detailed order in the

The Bombay High Court in order passed on April 4, 2024, dismissed the petition filed by the mother seeking medical termination of pregnancy of her 14-year-old daughter. In the FIR, it was alleged that the minor was subjected to sexual assault and the case was registered at her instance, under Section 376 and Protection of Children from Sexual Offences Act (POCSO).