The Supreme Court on Thursday sharply questioned the Centre over its curative petition challenging an earlier order that allowed termination of a 31-week pregnancy of a 15-year-old rape survivor. The court underscored the importance of respecting individual choice, particularly that of the minor and her family, per NDTV.
Chief Justice Surya Kant strongly criticised the government's stand, saying, "Nothing can compensate the agony she (the child) suffered after the rape."
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The bench made it clear that the state had limited grounds to challenge such decisions, remarking, "Give respect to citizens, madam," and "You have no locus to challenge (the court's termination order)... only the victim or her family can challenge."
Call to revisit legal time limits
The court also urged the government to reconsider existing legal provisions that impose time limits on pregnancy termination. Highlighting the nature of such cases, it said, "When there is a pregnancy due to rape, there should not be time limit. Law needs to be organic and in sync with evolvinteenagg time."
Justice Joymalya Bagchi echoed this view, stating, "We respect individual choices and so should you…". He further added that medical information should be presented to the family, allowing them to decide.
"Show data (about possible health issues) to the parents and, if they choose to keep it (the foetus), then so be it. But if they think their child's mental health is in jeopardy… they will take a call. Then please do not press your curative."
Government cites medical risks
Representing the Centre, Additional Solicitor General Aishwarya Bhati argued that termination at this stage was not medically advisable. She referred to a report from AIIMS, stating, "With profound pain we have to mention this curative. This is from AIIMS (i.e., the All India Institute of Medical Sciences). Termination of pregnancy is not possible. It will be a live baby with severe deformities… minor mother will have life-long health issues."
She suggested that the pregnancy should be carried to term, adding, "Just four more weeks," and described adoption as "in the best interest of the child."
Court emphasises dignity and trauma
The bench, however, stressed the psychological impact on the minor. The Chief Justice noted, "This is a case of child rape… victim will have life-long scar and trauma." He also pointed to the mental burden, saying, "just imagine the degree of agony in the child's mind - every minute she is carrying the foetus!"
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Drawing a clear line, the court said, "If it has become a fight between a child and foetus, then the child should be allowed to live with dignity," and added, "Law has to be ruthless if justice so demands!"
Earlier ruling and concerns raised
Last week, the court had allowed the termination, observing that forcing the minor to continue the pregnancy would violate her fundamental rights. It noted her psychological distress and previous suicide attempts, stating, "Forcing her to continue is a direct affront to her right to live with dignity."
The petitioner had also highlighted the impact on her life and education, saying, "Every single day is very traumatic..."
