New Delhi: The Supreme Court on Monday withdrew an order for medical termination of pregnancy of a 14-year-old rape survivor for termination of her over 30-week pregnancy, after her parents expressed concern over her health.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra recalled its April 22 order after interacting with the the girl's parents through video conferencing in their chambers.
The bench said the interest of the child is paramount.
The court relisted the matter after a report from medical team that the girl's mother was not in position to decide if the abortion should be conducted or the baby should be given for adoption.
On April 22, the court allowed the mother's plea for medical termination of the pregnancy, taking into account of exceptional circumstances and a medical report indicating adverse impact of it upon physical and mental well being of the minor.
The court had then used its power under Article 142 of the Constitution to do complete justice to pass the order on a plea filed by the girl's mother.
The court had then set aside the Bombay High Court's order of April 4, 2024, which declined to allow the plea for medical termination of pregnancy.
The bench had relied upon the report by a medical board set up by the Sion Hospital Mumbai on a direction by this court on April 19, to issue its order for abortion.
The court had then directed Dean, Sion Hospital to constitute a team to carry out the medical termination of pregnancy of the minor.
The minor girl was subjected to sexual assault, resulting into her pregnancy. An FIR also lodged in this regard on March 20, 2024 in Navi Mumbai.
The court also noted the FIR in the case was lodged beyond the limit of 24 weeks prescribed under the Medical Termination of Pregnancy Act.
Published 29 April 2024, 16:22 IST
