'Interest of Child Is Paramount': SC Recalls Order Allowing Minor Rape Victim to Undergo Abortion

A three-judge bench headed by Chief Justice of India D Y Chandrachud reversed the court's earlier order, allowing the minor to undergo abortion, after the parents of the minor, who were connected with the court through video conferencing, expressed their desire to have the baby delivered in the normal course.

New Delhi:The Supreme Court on Monday recalled its earlier order, which allowed the abortion of the 30-week pregnancy of a 14-year-old rape victim.

A three-judge bench headed by Chief Justice of India D Y Chandrachud reversed the court’s earlier order, allowing the minor to undergo abortion, after the parents of the minor, who were connected with the court through video conferencing, expressed their desire to have the baby delivered in the normal course. The parents said that there were concerns in connection with the safety of their daughter's health, therefore they wish to keep the baby.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, noted that the minor's parents have decided to wait for the full term while recalling its order. The CJI said," The interest of the child is paramount".

The top court, on April 22, had ordered the immediate medical termination of the pregnancy of the minor girl, while setting aside a Bombay High Court order which declined the abortion. The apex court had used its extraordinary powers under Article 142 of the Constitution to do "complete justice" to permit abortion. The court had 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.

On April 19, the Supreme Court ordered a medical examination of a 14-year-old rape victim, who was over 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.

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).

The Medical Termination of Pregnancy (MTP) Act permits termination of pregnancy up to 24 weeks for married women as well as for those in special categories, including rape survivors, and other vulnerable women, such as specially abled and minors.

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