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Business News/ News / Supreme Court permits minor rape survivor to abort pregnancy, says ‘continuation may impact physical and…’
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Supreme Court permits minor rape survivor to abort pregnancy, says ‘continuation may impact physical and…’

The Supreme Court has permitted a 14-year-old alleged rape survivor to undergo medical termination of her almost 30-week pregnancy

Supreme Court of India. (File Photo)Premium
Supreme Court of India. (File Photo)

The Supreme Court on 22 April permitted a 14-year-old alleged rape survivor to undergo medical termination of her almost 30-week pregnancy. With this, the top court has aside Bombay HC's order declining the plea for medical termination of pregnancy of a minor rape survivor.

A bench headed by Chief Justice D Y Chandrachud directed the dean of the Lokmanya Tilak Municipal Medical College and General Hospital (LTMGH) at Mumbai's Sion to set up a team of doctors immediately to terminate the pregnancy of the minor. While reading the order, CJI read the report submitted by the dean of LTMGH who said that a team of 6 doctors examined the minor. “While a certain degree of risk is involved, the medical board has opined that the threat in carrying out the termination is not higher than than the risk in full delivery...," CJI said as quoted by LiveLaw.

Further adding, CJI also added, “The medical board at Sion has opined that continuation of pregnancy against will of minor may impact negatively on physical and mental well-being of the minor." 

While passing the order, CJI also added, “Post termination if any medical care is needed this may be ensured in the interest of the minor," as quoted by Bar and Bench.

What does the Medical Termination of Pregnancy Act say?

Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for termination of pregnancy is 24 weeks for married women as well as for those in special categories, including rape survivors, and other vulnerable women, such as the differently abled and minors.

Also Read FIR against 7 for raping, blackmailing K'taka woman: victim says ‘forced to perform namaz, wear burqa’

Earlier on April 19, the top court had ordered her medical examination on the plea moved by the victim's mother, challenging the Bombay High Court decision declining to allow the termination of the pregnancy owing to the advanced stage. Additionally, it had also sought a report from Mumbai's Sion hospital about the girl's possible physical and psychological condition if she undergoes medical termination of pregnancy or if she is advised against it.

(With inputs from PTI)

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Published: 22 Apr 2024, 11:23 AM IST
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