Supreme Court Allows 14-Year-Old Rape Survivor to Undergo Abortion at 29 Weeks

The Supreme Court on Monday granted permission for a 14-year-old rape survivor to undergo an abortion at over 29 weeks of pregnancy, citing concerns for her physical and mental health. The decision was made by a bench led by Chief Justice of India DY Chandrachud, who highlighted the urgency of the situation and the need to protect the minor. The court directed Mumbai’s Sion Hospital to assess the potential risks to the girl's well-being from continuing the pregnancy and report back promptly.

The girl's mother sought relief from the Supreme Court after the Bombay High Court rejected the request for a medical termination of the pregnancy. Additional solicitor-general Aishwarya Bhati, representing the Centre, urged the court to intervene, citing medical reports indicating potential harm to the minor's well-being. The Supreme Court invoked its powers under Article 142 of the Constitution to order the immediate termination of the pregnancy, considering the girl's age and the circumstances of the sexual assault.

The court's decision overturned the high court's order, which relied on an examination by a medical board at Mumbai's JJ Hospital. The Supreme Court expressed concern about the lack of detailed assessment of the girl's physical and mental condition in the medical reports. It instructed a medical board at Sion Hospital to evaluate the implications of continuing the pregnancy, given the traumatic circumstances of the assault she endured.

Under the Medical Termination of Pregnancy (MTP) Act, abortions beyond 24 weeks are typically prohibited unless there is a severe threat to the woman's life or substantial fetal abnormalities. The Supreme Court's intervention in this case underscores its recognition of the exceptional circumstances and its commitment to ensuring justice for the minor rape survivor.​