Supreme Court invokes power under Art. 142 of Constitution to allow abortion of 14-year-old rape survivor

Apoorva

3 weeks ago

Supreme Court: In a special leave petition filed against the judgment and order of the Bombay High Court, wherein the Court declined to allow the plea for medical termination of pregnancy moved by the appellant on behalf of her minor daughter, the division bench of Dr. DY Chandrachud and JB Pardiwala, JJ. while setting aside the impugned judgment, has directed the Hospital to immediately constitute a team for undertaking the medical termination of pregnancy of the minor.

Background:

The minor who is pregnant is alleged to have been subjected to a sexual assault. A First Information Report of offences punishable under Section 376 of the Penal Code, 1860 (‘IPC’) and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’) has been registered.

The High Court, while declining the plea for medical termination of pregnancy, relied on a report submitted by the Medical Board.

On 19-04-2024, the Court noted that the report of the Medical Board, relied on by the High Court, had not dealt with the pregnancy’s impact on the minor’s physical and emotional well-being. Accordingly, a fresh Medical Board was directed to be constituted under the Lokmanya Tilak Municipal General Hospital (‘Sion Hospital’)

Analysis and Decision:

After keeping in mind, the provisions of the Medical Termination of Pregnancy Act, 1971, the Court exercised its powers under Article 142 of the Constitution.

The Court noted that the medical termination of pregnancy is sought for a 14-year-old minor. The pregnancy is alleged to be an emanation from a sexual assault which has resulted in the registration of an FIR., which was recorded on 20 —03-2024 beyond the period of 24 weeks as envisaged in the MTP Act. The minor was unaware that she was pregnant until a very late stage.

Further, the Court took note of the report submitted by the new Medical Board and noted that the committee has opined that the medical termination of the pregnancy can be done with due risk and with appropriate counseling of the patient and the relatives. According to the committee report continuation of pregnancy could cause psychological trauma to the patient. It may impact negatively on the physical and mental well-being of the minor who is barely 14 years old. Further, the threat to life of the patient if termination of pregnancy is carried out at this stage is not higher than the risk of delivery at full term of pregnancy.

Thus, while setting aside the impugned Judgment, the Court passed the following order:

The Dean at Sion Hospital was requested to immediately constitute a team for undertaking the medical termination of pregnancy of the minor.
The State was directed to arrange for transportation of the minor to the Hospital and for her to return home after the procedure.
The State will bear all the expenses in connection with the procedure and all medical expenses required in the interest of the safety and welfare of the minor.
If further medical care is required, post-termination, it must be ensured in the minor’s interest.

CASE DETAILS

Citation:
2024 SCC OnLine SC 608

Appellants :
A (Mother of X)

Respondents :
State of Maharashtra

Advocates who appeared in this case

For Petitioner(s):
Shantanu M Adkar, Adv. Rajiv Shankar Dvivedi, Adv. Bharti Tyagi, AOR Ashley Cusher, Adv.

For Respondent(s):
Aishwarya Bhati, ASG , Shivka Mehra, Adv. ,Akshaja Singh, Adv., Siddharth Dharmadhikari, Adv. ,Preet S. Phanse, Adv. , Aaditya Aniruddha Pande, AOR , Bharat Bagla, Adv. ,Sourav Singh, Adv. , Aditya Krishna, Adv. ,Adarsh Dubey, Adv., Yamini Singh, Adv.

CORAM :