Supreme Court asks Centre to consider amending law for rape survivors' abortion beyond 20 weeks
L'essentiel
The Supreme Court urged the Centre to consider amending laws to allow rape survivors to terminate pregnancies beyond 20 weeks, emphasizing no time limit for such cases and highlighting the trauma of a 15-year-old survivor.
Résumé généré par IA
Pourquoi c'est important
The Supreme Court is hearing a plea concerning the termination of pregnancy for a 15-year-old rape survivor, where AIIMS has raised concerns about the viability of the fetus and the mother's health after 30 weeks of gestation.
The Supreme Court on Thursday pulled up the Centre and asked it to consider amending the law to permit rape survivors to terminate unwanted pregnancies even beyond 20 weeks.
While hearing a plea by AIIMS seeking to set aside its order allowing a 15-year-old girl to medically terminate her 30-week pregnancy, a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said that when there is pregnancy due to rape, there should not be a time limit.
"Law needs to be organic and in sync with evolving time," the apex court said.
The bench said that this is a case of child rape and the survivor will have a lifelong scar and trauma if termination is not allowed. It added that if the mother does not have permanent disability then it should be carried out.
It also asked AIIMS to counsel parents of the survivor over the issue and said the decision has to be of the person concerned.
"There are children for adoption. In this country we have lot of sympathies...There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15-year-old child.
"This is a curative petition. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this," the bench said.
Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, mentioned the curative plea, and said the termination of pregnancy is not possible. "It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce. Minor mother will have lifelong health issues. This child can be given for adoption. It has been 30 weeks now. It is a viable life now," she said.
The top court said the decision on termination has to be the choice of the survivor and her parents and AIIMS may help them take an informed decision.
On April 24, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the girl to medically terminate her pregnancy of 30 weeks.
À surveiller
Perspective IA — des possibilités, pas des certitudes
The Centre will likely initiate discussions or form a committee to review and potentially amend the existing abortion laws.
Probable · En quelques mois
Further legal challenges or interpretations regarding abortion rights in India may arise.
Possible · En quelques mois
AIIMS will likely provide comprehensive counseling to the survivor and her parents regarding all available options.
Très probable · En quelques jours
Questions ouvertes
- What is the Centre's stance on amending the law regarding abortion time limits for rape survivors?
- What are the specific health risks for the minor mother and the fetus?
- What are the legal implications of terminating a viable pregnancy beyond 20 weeks, even in cases of rape?
- What are the options for adoption presented to the survivor and her parents?
