The Supreme Court on Monday recalled its April 22 order that allowed a 14-year-old rape survivor to terminate her almost 30-week pregnancy, after her parents expressed concern over her health if she were to undergo the process at such an advanced stage of pregnancy.
A bench of Chief Justice of India D Y Chandrachud and J B Pardiwala decided to alter its decision noting that the interest of the child is paramount after interacting with her in the chamber.
The parents of the girl are learnt to have expressed their willingness to get a natural delivery done in the normal course.
The court had earlier allowed the request of the girl’s mother for medical termination of pregnancy (MTP), terming it a “very, very exceptional case where we have to protect her”. The bench, which perused a report submitted by the dean of the Lokmanya Tilak Municipal General Hospital, Sion, Mumbai, said the report “has clearly opined that continuation of the pregnancy against the will of the minor may impact negatively on the physical and mental well-being of a minor who is barely 14 years old”.
Exercising its powers under Article 142 of the Constitution, which empowers it to pass any order necessary for doing complete justice in a case, the bench allowed the relief to the petitioner, and asked the dean of the Lokmanya Tilak Municipal General Hospital to constitute a team to undertake the medical procedure.
However, the procedure did not take place and the matter came up before the court again on Monday.
The bench then decided to interact with the parents in the chamber (virtually) after which it recalled the earlier order.
The Medical Termination of Pregnancy (MTP) Act allows termination of pregnancy up to 20 weeks on the advice of a doctor. The right to seek abortion is determined by two registered medical practitioners as an exception if a pregnancy is 20-24 weeks under certain categories such as rape survivors.