Supreme Court allows a 14-year-old minor rape survivor to terminate 28-week pregnancy and says “welfare of the minor is of paramount importance”

On April 22, 2024 (today), the Supreme Court (SC) allowed the termination of a 28-week pregnancy for a 14-year-old minor rape victim. The bench constituting Chief Justice of India DY Chandrachud and Justice JB Pardiwala directed the Dean of the Sion Hospital, Maharashtra to comply with the same. The petition was filed by the mother of the minor child against the decision of the Bombay High Court declining to grant relief of termination. Calling it an ‘exceptional case’, the bench overturned the Bombay HC’s decision and allowed the termination of the pregnancy of a 14-year-old rape survivor. 

During the proceedings, the SC bench noted that the medical board that examined the minor rape survivor opined that “continuation of pregnancy against her will may impact negatively on the physical and mental well-being of the minor who is barely 14 years old.” The bench further illustrated that as per the expert report of the medical board, “The threat of life to the patient if termination of pregnancy carried out at this stage is not higher than the risk of delivery at full term of pregnancy.” The Supreme Court order reads “Bearing in mind the exigencies of the situation, the welfare of the minor, which is of paramount importance, and her safety, we pass the following order:

• The judgment and order of the High Court of Judicature at Bombay dated 4 April 2024 shall stand set aside for reasons to follow;
• The Dean at Sion Hospital is requested to immediately constitute a team for undertaking the medical termination of pregnancy of the minor in respect of whom the Medical Board has submitted its report dated 20 April 2024;
• Arrangements shall be made by the State for transportation of the minor to the Hospital and for her return home after the completion of the procedure;
• The State has agreed to bear all the expenses in connection with the procedure and all medical expenses required in the interest of the safety and welfare of the minor; and 
• Post-termination if any further medical care is required, this may be ensured in the interest of the minor.”

Further, the bench said, “Counsel for the State of Maharashtra shall communicate the gist of the order to the Dean at Sion Hospital immediately for compliance.”