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Tuesday, May 21, 2024  
12 Dhul-Qadah 1445  

Indian Supreme Court allows 14-year-old rape suvivor to get abortion

Bombay High Court rejected the victim's plea for abortion
Supreme Court of India allowing rape survivor for abortion.
Supreme Court of India allowing rape survivor for abortion.

In a significant decision, the Supreme Court of India has directed the medical termination of a 30-week pregnancy of a 14-year-old rape survivor.

The court has overturned a previous ruling by the Bombay High Court, which had denied permission for the abortion.

The Chief Justice of India, DY Chandrachud, led the bench that issued the order, emphasizing the urgency of the situation for the young girl.

The Supreme Court has instructed Sion Hospital in Mumbai to assemble a team of medical professionals to carry out the procedure.

The court has ensured that the minor will be safely transported to the medical facility, with the expenses covered by the Maharashtra government.

The case reached the Supreme Court after the rape survivor’s mother challenged the Bombay High Court’s decision in 2023, which denied the termination due to the advanced stage of the pregnancy.

The survivor’s mother stated that her daughter had gone missing in February 2023 and was later found pregnant in Rajasthan, a result of sexual assault by an individual.

A case was filed against the perpetrator under the Protection of Children from Sexual Offences (POCSO) Act, and the survivor was reunited with her family.

On April 19, the Supreme Court ordered a medical examination of the rape survivor to assess her physical and psychological condition in relation to the termination of the pregnancy.

The court sought a report from Sion Hospital, and during today’s hearing. The hospital’s dean submitted a report confirming the examination conducted by a team of six doctors.

Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for termination of pregnancy is 24 weeks for married women and those falling into special categories, such as rape survivors, vulnerable women, and minors with specific needs or disabilities.

Previously, the Aurangabad bench of the Bombay High Court had rejected the plea for terminating the victim’s 28-week pregnancy.

The decision came after doctors opined that the baby had a high chance of being born alive even through forcible delivery at this stage.

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Supreme Court of India