SC allows minor rape survivor’s late term abortion

New Delhi: Taking note of “exceptional” circumstances, the Supreme Court on Monday permitted a 14-year-old rape survivor to undergo medical termination of her almost 30-week pregnancy, saying the welfare of the minor was of “paramount importance”.

Exercising its powers under Article 142 of the Constitution which empowers it to pass any order necessary for doing complete justice in any case, a bench comprising Chief Justice D Y Chandrachud and Justice JB Pardiwala said, “Bearing in mind the exigencies of the situation and the welfare of the minor, which is of paramount importance and her safety...we set aside the judgement of the Bombay High Court.” At the outset, the bench, which took up the plea as the first item, observed, “We will allow the medical termination since she is 14-year-old and it is a rape case. This is an exceptional case.” Setting aside the April 4 judgement of the Bombay High Court declining permission for termination of pregnancy, the top court directed the dean of the Lokmanya Tilak Municipal Medical College and General Hospital (LTMGH) at Sion in Mumbai to set up a team of doctors immediately for aborting the foetus. It asked the hospital administration to make arrangements for transportation of the minor for the medical procedure. It, however, did not order any other medical examination for the purpose of the ongoing criminal investigation in the rape case.