- By Aashish Vashistha
- Mon, 22 Apr 2024 12:18 PM (IST)
- Source:ANI
The Supreme Court on Monday allowed the medical termination of the pregnancy of a 14-year-old rape survivor, who is 30 weeks pregnant. The top court took cognisance of the hospital’s medical report, which recommended the medical termination of pregnancy for the minor and said that continuing the pregnancy would hurt the minor's physical and mental health. The apex court also set aside the Bombay High Court order declining the plea, filed by the father of the minor, seeking medical termination of her pregnancy.
Exercising its powers under Article 142 of the Constitution, which allows it to issue any order necessary to ensure complete justice in any case, a bench led by Chief Justice D Y Chandrachud directed the dean of the Lokmanya Tilak Municipal Medical College and General Hospital (LTMGH) in Sion, Mumbai, to form a team of doctors immediately to terminate the pregnancy of the minor.
Earlier on April 19, the Supreme Court ordered a medical examination of the minor. The court also sought a report from Mumbai's Sion Hospital about the girl's possible physical and psychological condition if she undergoes medical termination of pregnancy or if she is advised against it, as reported by the news agency PTI.
What Does Abortion Law In India Say?
India has a central law called the Medical Termination of Pregnancy (MTP) Act, under which the upper limit for termination of pregnancy is 24 weeks for married women as well as for those in special categories, including rape survivors, and other vulnerable women, such as the differently abled and minors.
The Supreme Court also set aside the Bombay High Court order declining the plea, filed by the father of the minor. (ANI Image)
It allows medical professionals to perform abortions in specific predetermined situations as provided under the legislation. As per Section 3(2) of the 1971 law, a pregnancy could only be terminated if it did not exceed 20 weeks. According to the law, the pregnancy can be terminated with the approval of one doctor if done within 12 weeks after conception and two doctors if done between 12 and 20 weeks.
MTP Amendment Act, 2021
The Medical Termination of Pregnancy Act, of 1971 was amended to empower women by providing comprehensive abortion care to them as the 1971 law did not fulfill the needs of changing times concerning safer abortions. The amendment came after several women, including rape survivors, those with mental incapacitation, and those facing unwanted pregnancies due to contraceptive failures, approached courts seeking approval for abortions beyond the prescribed 20-week gestational period.
The MTP Amendment Act 2021 covers unmarried women, unlike the 1971 law that only covered married women. The act also increased the gestational age limit from 20 weeks to 24 weeks for rape survivors and beyond 24 weeks for substantial fetal abnormalities.
