When there is a pregnancy due to rape, there should not be a time limit, says top court

When there is a pregnancy due to rape, there should not be a time limit, says top court

When there is a pregnancy due to rape, there should not be a time limit, says top court

In a significant observation, the Supreme Court on Thursday urged the government to amend existing laws on abortion in cases of pregnancies resulting from rape.

The top court also criticised the government after the All India Institute of Medical Sciences (AIIMS) filed a curative petition against its order permitting the termination of a 31-week pregnancy of a 15-year-old rape survivor.

“When there is a pregnancy due to rape, there should not be a time limit. The law needs to be organic and in sync with evolving times,” the court observed.

AIIMS counsel informed the court that it had refused to carry out the abortion in the best interest of the child, stating that terminating the pregnancy could cause long-term health complications for the minor.

Responding to this, the court said abortion could be considered if the mother does not face permanent disability. “This is a case of child rape. The victim will have lifelong scars and trauma,” it said.

The court also directed AIIMS authorities to counsel the child’s parents, emphasising that the final decision must rest with the person concerned.

“An unwanted pregnancy cannot be thrust upon anyone. Imagine the pain and humiliation the mother has suffered,” the court added.

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