NEW DELHI, Apr 30: The Supreme Court of India has urged the central government to consider amending existing laws to permit the termination of pregnancies resulting from rape, even beyond the current 20-week limit. The apex court’s directive came as it heard a curative petition filed by the All India Institute of Medical Sciences (AIIMS) seeking to set aside a previous order that allowed a 15-year-old girl to terminate her 30-week pregnancy.
Information was available with The Chenab Times indicating that the bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, emphasized that legal frameworks must adapt to evolving societal norms and circumstances. The court highlighted the profound lifelong trauma and scar that a survivor of sexual assault, especially a minor, endures if she is compelled to carry an unwanted pregnancy to term. The judges stated that when a pregnancy arises from rape, a time restriction should not impede the survivor’s right to choose.
The court’s strong stance followed arguments from the Additional Solicitor General Aishwarya Bhati, representing AIIMS. She presented the institution’s plea, stating that terminating a 30-week pregnancy would result in a viable baby with severe deformities. She also noted that the minor mother would face lifelong health issues and potential reproductive complications, suggesting that the child could be given up for adoption.
However, the Supreme Court bench countered that the decision on termination must ultimately rest with the survivor and her parents. The court acknowledged the complexities involved, including the availability of adoption services for abandoned children, and stressed that forcing a child to become a mother against her will inflicts immense pain and humiliation. The judges remarked on the emotional and psychological burden on a young girl who should be focused on her education rather than dealing with the consequences of sexual violence.
The court reiterated its position that an unwanted pregnancy cannot be imposed upon an individual, particularly a child. The bench advised AIIMS to counsel the survivor’s parents to assist them in making an informed decision. This intervention underscores the judiciary’s role in interpreting and, where necessary, advocating for the adaptation of laws to address sensitive human rights issues and the evolving understanding of reproductive rights and victim support.
The legal discussion originated from a prior order on April 24, when a bench led by Justices B.V. Nagarathna and Ujjal Bhuyan had granted permission for the 15-year-old girl to medically terminate her pregnancy at 30 weeks. The current proceedings highlight the ongoing judicial scrutiny of existing legislation concerning abortion, particularly in cases of sexual assault, and the calls for legislative reform to provide more comprehensive protection and recourse for survivors.
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The Chenab Times News Desk
