Termination of 28 Weeks Pregnancy, SC Orders Medical Examination of a Minor Sexual Assault Victim

The mother of a minor rape victim, who is 28 weeks pregnant, approached the court seeking the termination of pregnancy. A bench consisting of Chief Justice of India DY Chandrachud and Justices JB Pardiwala stated the petitioner should be examined by a Medical Board to be constituted at Sion Hospital on Saturday.

New Delhi:The Supreme Court on Friday ordered a medical examination of a 14-year-old rape victim, who is 28 weeks pregnant, seeking termination of pregnancy. A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala said the petitioner should be examined by a Medical Board to be constituted at Sion Hospital on Saturday and the superintendent of the hospital shall constitute a Medical Board for this purpose. The apex court took up the matter after the end of proceedings for the day.

The bench asked the standing counsel for the Maharashtra government to ensure the arrangement of transportation for the mother of the victim, petitioner, and her daughter from the place of residence to the hospital. “The copy of the report shall be submitted….placed on record of this court…the Medical Board shall also opine on whether the termination of pregnancy can be carried out at this stage without any threat to the life of the minor. List the first item on board on Monday”, said the CJI.

Additional solicitor general (ASG) Aishwarya Bhati represented the Centre before the court. “Very hard case…”, said the CJI, adding that the mother of the victim is a 34-year-old young woman. Bhati informed the court that the Medical Board has gone on this reasoning that there is no congenital abnormality and the pregnancy is at an advanced stage of 28 weeks and pointed out that the board said no compelling case for termination of pregnancy is made out. “I think they need to ascertain from the perspective of the girl….and I think it will need an order under Article 142….”, said Bhati.

Bhati suggested that the victims should also be examined--whether their own physical and mental well-being will be impacted by continuing this or by termination. The Bombay High Court in the order passed on April 4, 2024, dismissed the petition filed by the mother seeking medical termination of the 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 the Protection of Children from Sexual Offences Act (POCSO).

The apex court noted that the High Court relied on the opinion of the Medical Board constituted at a hospital. “It appears there were two medical reports. The grievance of the petitioner is that the second of the two reports….was prepared without examination of the petitioner’s daughter….from the material placed on the record, a striking feature, which has emerged before this court prima facie is that the medical report does not contain an evaluation of the physical and mental status of the minor, particularly having regard to the background leading up to the pregnancy, including the alleged sexual assault”, said the bench, in its order.

The apex court said it would be necessary that it should be apprised whether the carrying of the pregnancy to the full term would impact the physical and mental well-being of the minor. “We are of the view that the petitioner's daughter should be examined afresh by the Medical Board to be constituted at Sion Hospital tomorrow”, said the bench.