New Delhi, April 30: The Supreme Court on Thursday issued a stern directive to the Union Government, asserting that the law must evolve to allow rape victims to terminate unwanted pregnancies regardless of the gestational period. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi maintained that the reproductive autonomy of a victim is paramount, particularly in cases involving minors.
The observations came as the court strongly objected to a curative petition filed by AIIMS, which sought to quash an order allowing a 15-year-old girl to terminate her 30-week pregnancy. The Chief Justice stated that the current legal framework needs to be in sync with organic and changing times, adding that trials in such sensitive cases should be completed within a single week to prevent further trauma.
Chief Justice Surya Kant affirmed that an unwanted pregnancy cannot be imposed upon an individual, especially a child who should be pursuing her education rather than facing motherhood. He stated that forcing a minor to continue a pregnancy resulting from sexual assault would lead to lifelong stigma and mental agony. The court maintained that if the procedure does not result in permanent disability for the mother, the termination should proceed based on the victim’s choice.
During the proceedings, the bench directed medical professionals to provide comprehensive counseling to the teenager and her parents to ensure an informed decision. Justice Bagchi noted that it is not the role of medical institutions to make choices for citizens, but rather to provide necessary medical services and data. He declared that the state must respect the rights of its citizens and not create a conflict over personal reproductive decisions.
The apex court dismissed the review petition, asserting that the right to bodily autonomy cannot be nullified based on the advanced stage of a fetus. Officials stated that the minor in this case had attempted to end her life twice, proving that continuing the pregnancy was not in her best interest.
