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SC grants permission for medical termination of pregnancy of 14-yr-old rape survivor

By Jhanak Singh      22 April, 2024 12:14 PM      0 Comments
SC grants permission for medical termination of pregnancy of 14 yr old rape survivor

NEW DELHI: The Supreme Court has on Monday granted permission for medical termination of 30-week pregnancy of a 14-year-old rape survivor, relying upon a medical board's report indicating about adverse impact of it upon her physical and mental health.

Considering the exceptional circumstances and the medical report by the Sion Hospital, Mumbai, a bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala directed for carrying out the necessary procedure.

The court issued interim directions in the case, saying it would render detailed judgement subsequently.

The bench used its power under Article 142 of the Constitution to do complete justice to issue the directions, while acting on a special leave petition filed by the girl's mother.

The court set aside the Bombay High Court's order of April 4, 2024, which declined to allow the plea for medical termination of pregnancy.

On April 19, the court issued its order to Sion Hospital to set up a medical board to examine the girl.

"The medical board has clearly opined the pregnancy may impact mental and physical well being of the minor.The threat in carrying out the termination is not higher than than the risk in full delivery," the bench said.

In its order on Monday, the court directed the 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.

During the hearing, Additional Solicitor General Aishwarya Bhati submitted the FIR in the case was lodged beyond 24 weeks limits prescribed under the Medical Termination of Pregnancy Act.



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