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,” a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi observed.
Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, 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.
"It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce. Minor mother will have lifelong health issues. This child can be given for adoption. It has been 30 weeks now. It is a viable life now," she said
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.
“Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this," the bench said.
