'Unwanted pregnancy can't be forced on minor rape survivors': Supreme Court rejects AIIMS' curative plea

New Delhi: The Supreme Court on Thursday declined to consider a curative plea by AIIMS to set aside its order allowing a 15-year-old girl to medically terminate her 30-week pregnancy, and asked the Centre to consider amending the law to permit rape survivors to terminate unwanted pregnancies even beyond 20 weeks.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said that when there is a pregnancy due to rape, there should not be a time limit.

"Law needs to be organic and in sync with evolving time,'' the bench emphasized as Additional Solicitor General Aishwarya Bhati for the AIIMS, New Delhi, made the urgent mentioning saying that the termination of pregnancy is not possible.

The court pointed out, this is a case of child rape and the survivor will have a lifelong scar and trauma if termination is not allowed.

It said that if the mother does not have permanent disability, then it should be carried out.

The bench asked the AIIMS, New Delhi to counsel the survivor's parents on the issue and said the decision has to be made by the person concerned.

"There are children for adoption. In this country we have a 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,'' the bench said.

Underscoring that unwanted pregnancy cannot be thrusted on a person, the bench said, ''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."

At the outset, Bhati, appearing for AIIMS, said, "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."

The court said the decision on termination has to be a 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.

On April 29, the Supreme Court dismissed a review plea filed by AIIMS, New Delhi against the previous order for termination of 28-week pregnancy of a minor girl, saying it was strange that the institute was acting to defeat the constitutional rights of the adolescent.

Immediately thereafter, a curative petition was filed which is considered as the last legal resort to challenge the apex court's order.

The court had earlier said the pregnant woman's choice relevant and that her reproductive autonomy must be accorded the highest importance.