‘Remove time limit on abortion for rape survivors’:CJI Surya Kant says a minor cannot be forced into motherhood; law must evolve with time

The Supreme Court on Thursday refused to hear a petition challenging the decision to terminate the 30-week pregnancy of a 15-year-old rape victim. A bench headed by Chief Justice Surya Kant asked the Centre to amend the law related to the time limit for abortion in such cases. The court said that, “The law should be such that it changes with time and adapts to the current situation.” While addressing the same concern, the CJI said, “A minor cannot be forced to become a mother. In such cases, the decision should be made by the victim.”
What is the entire issue? On April 24, the Supreme Court allowed a 15-year-old girl who was about seven months pregnant to have an abortion. AIIMS had filed a petition against this. At present, Indian law allows abortion only in rape cases up to 24 weeks of pregnancy. What does the medical fraternity say? AIIMS had stated that at 30 weeks (7.5 months) of pregnancy, the fetus becomes a ‘viable life’ and abortion at this stage may not be successful. After hearing the arguments of AIIMS doctors, it was decided that the victim’s parents should be consulted to determine whether to continue the pregnancy or not. The doctors also said that the minor mother is also at risk from abortion. She will probably never be a mother again in the future. The minor’s mother had sought permission for the daughter’s abortion beyond the deadline set in the Medical Termination of Pregnancy Act (MTP Act). The girl also said that she did not want to continue the pregnancy. During the argument of AIIMS, the court said, “All your attention is only on the child (fetus), not on the mother who has suffered so much pain. This is a case of child rape. The victim will have to endure a lifetime of pain and trauma. Now it’s a fetus versus a minor girl.” “The minor is under stress due to pregnancy”, claims lawyer The victim’s lawyer had said that this pregnancy had given severe mental stress to the minor and had also affected her studies, and she had attempted suicide. Solicitor General Tushar Mehta had said that arrangements can be made to adopt the child through the Central Adoption Resource Authority, so that the identity of the girl and her family is protected. He also offered financial help to the minor. The court, however, questioned this argument and said that we cannot force women to depend on options like financial help or adoption instead of abortion. ‘Court will do what is best in the interest of the woman’, says SC The court said that if the courts insist on the continuation of unwanted pregnancies, women may be forced to resort to illegal abortion centers or get abortions secretly. This will increase the serious risk to their physical and mental health. The Supreme Court stressed that in such cases, the constitutional courts should look at what is best in the interest of the pregnant woman, especially when the pregnancy is clearly unwanted. Finally, the court had directed the minor to undergo an abortion at AIIMS Delhi. 3 important decisions of SC in cases related to abortion 14-year-old minor rape victim’s case: The Supreme Court allowed a 14-year-old rape victim of Maharashtra to have an abortion at 30 weeks of pregnancy in 2024. The top court said that the Bombay High Court did not correctly assess the mental and physical trauma of the minor. The SC said that the minor cannot be forced to conceive against her will. Case of a 33-year-old 26-week-pregnant woman: In 2017, the SC allowed a 33-year-old woman from Kolkata to terminate her pregnancy at 26 weeks based on the medical board’s report. The report said that the fetus has a serious cardiac congenital problem, and even if the baby is born, its chances of survival will be very low. In 2017, the Supreme Court dismissed the petition of a 10-year-old rape victim from Haryana to terminate her 32-week pregnancy. The court had said that there is a serious threat to the lives of both mother and child. In August 2017, the baby girl gave birth to a baby through surgery. What was the previous limit on terminating pregnancy? The cases concerning the termination of pregnancy in India are actually ruled under the Medical Termination of Pregnancy (MTP) Act, 1971. The law governs the legal termination of pregnancies. Timeframe opinions for pregnancies: Up to 20 weeks: Opinion of 1 Registered Medical Practitioner (RMP) is required. 20-24 weeks: Opinion of 2 RMPs required for specific categories (e.g., minors, rape survivors, disabled women). Over 24 weeks: Allowed only for substantial fetal anomalies, diagnosed by a state-level Medical Board. ​