SC Asks Centre To Consider Amending Law On Terminating Pregnancy Of Rape Survivors

NEW DELHI, Apr 30: The Supreme Court on Thursday asked the Centre to consider amending the law to allow rape survivors to terminate unwanted pregnancies even beyond 20 weeks, asserting that such cases should not be bound by a time limit.

Taking strong exception to a plea by AIIMS seeking to set aside its earlier order permitting a 15-year-old rape survivor to medically terminate her 30-week pregnancy, the court stressed that the law must evolve with time and remain responsive to changing societal realities.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi observed that forcing a child rape survivor to continue pregnancy would leave lifelong trauma and scars. It said the choice must ultimately rest with the survivor and her parents, with medical experts assisting them in making an informed decision.

The court directed AIIMS to counsel the girl’s parents and emphasized that an unwanted pregnancy cannot be imposed, particularly on a minor who should be focused on education rather than motherhood.

During the hearing, Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, argued that termination at this stage was medically unfeasible and could result in severe complications. She stated the pregnancy had reached 30 weeks and the foetus was viable, suggesting the child could be given up for adoption.

The bench, however, underscored that the decision must prioritize the survivor’s well-being and autonomy, noting broader concerns around abandoned children and systemic issues.

Earlier, on April 24, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the medical termination of the pregnancy. (Agencies)