SC Declines Plea to Terminate Pregnancy of 10-Yr-Old Rape Survivor

The court stated that the minor’s health could be jeopardised, after consulting with a medical board.

Courts allow medical termination of pregnancy up to 20 weeks under the Medical Termination of Pregnancy Act.

(Photo: The Quint)

On Friday, the Supreme Court declined the plea to terminate the pregnancy of a 10-year-old rape survivor, based on the report of the medical board which said that the minor’s health could be jeopardised.

The medical report stated that the pregnancy termination was neither good for the girl nor the foetus. The apex court has also suggested to the Centre the setting up of a permanent medical board in each state to take prompt action in such matters.

The apex court, on 24 July, issued a notice to the Centre and others on a plea seeking its permission to allow the 10-year-old girl who was raped to terminate her 32-week-old pregnancy.

A bench comprising Chief Justice JS Khehar and Justice DY Chandrachud asked the member secretary of Chandigarh Legal Services Authority to assist it as an amicus curiae and get the minor examined by a board of doctors on 26 July.

Also Read: 10-Year-Old Rape Survivor Denied Permission to Get an Abortion

It has asked the member secretary to ensure that the girl and one of her parents are accorded proper transportation facility for her examination at PGI, Chandigarh.

The PIL was filed after a Chandigarh district court on 18 July refused to let the girl undergo the abortion after it was confirmed that she was pregnant.

Courts allow medical termination of pregnancy up to 20 weeks under the Medical Termination of Pregnancy Act and can make an exception if the foetus is genetically abnormal.

The petition, filed by advocate Alakh Alok Srivastava, has also sought appropriate guidelines be framed by the top court to set up a permanent medical board in each district of India for expedient termination of pregnancies in exceptional cases involving minor victims of rape under the best possible medical facilities.

Also Read: Doctors Divided As 10-Year-Old Rape Survivor Denied Abortion

"Medical experts have categorically opined that if the 10-year-old rape survivor is forced to give birth through normal delivery or C-section, it may be fatal to the life of the girl as well her child," the petition filed through advocate Kedar Nath Tripathy had said.

The petition had also sought direction to the Centre to amend Section 3 of the Medical Termination of Pregnancy Act, 1971, so as to permit termination of pregnancies of more than 20 weeks, particularly involving minor victims of rape after obtaining requisite opinion from a permanently constituted medical board.

(With inputs from PTI)

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