The Supreme Court on Monday overturned a Bombay High Court decision and granted a 14-year-old rape survivor permission to terminate her nearly 30-week pregnancy.
Citing "exceptional circumstances" and invoking Article 142 of the Constitution, a bench led by Chief Justice D.Y. Chandrachud emphasised the "paramount importance" of the girl's welfare.
This rarely used provision allows the court to pass orders for complete justice, bypassing standard legal procedures in extraordinary situations.
The ruling underscores the court's sensitivity to the girl's plight and the urgency of the situation.
The court acknowledged the case's delicate nature. The pregnancy, a horrific consequence of a heinous crime, posed a significant threat to the girl's physical and mental health, as confirmed by a comprehensive report from Mumbai's Lokmanya Tilak Municipal Medical College and General Hospital (LTMGH).
The medical board concluded that continuing the pregnancy would be detrimental, outweighing the risks associated with a late-term termination.
The bench went beyond legal pronouncements and directed LTMGH to constitute a medical team for the procedure and arrange safe transportation for the minor.
The Maharashtra government, recognising the girl's ordeal, pledged to cover all medical expenses.
The court, however, refrained from interfering with ongoing criminal investigations.
While it didn't order a DNA test or further foetal examinations, law enforcement agencies were granted the liberty to pursue necessary measures.
This distinction highlights the court's commitment to both protecting the girl's well-being and ensuring a fair investigation.
This case stemmed from a petition filed by the girl's mother challenging the Bombay High Court's denial of permission for termination.
The Medical Termination of Pregnancy (MTP) Act typically allows termination up to 24 weeks, with exceptions for rape survivors and vulnerable women in specific circumstances.
Follow us
