Complete justice, as the Supreme Court Permits Termination of a 28-Week Pregnancy, Sets Aside the Bombay High Court Order
While a certain degree of risk is involved, the board has opined that the threat in carrying out the termination is not higher than the risk in full delivery.
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The Supreme Court of India today allowed the termination of a 28-week pregnancy of a 14-year-old rape survivor. Exercising its power under Article 142, the court ordered the dean of Sion Hospital, Maharashtra, to carry out the medical termination of the minor.
The order for the termination was given by a two-judge bench comprising CJI D Y Chandrachud and Justice J B Pardiwala on the grounds of a fresh examination of the minor’s physical and psychological health by the medical board, which stated that the continuation of the pregnancy would take a toll on the minor’s physical and psychological well-being.
The Supreme Court bench, while producing the judgment, sets aside the Bombay High Court order that denied the termination. The court, while stating the rationale for pregnancy termination, observed that the continuation of the pregnancy will prove to be more hazardous than the termination at the present stage.
“While a certain degree of risk is involved, the board has opined that the threat in carrying out the termination is not higher than the risk in full delivery.”
The court, in its judgment, also requested the Dean at the Lok Manya Tilak Municipal Hospital and Medical College, Sion, Mumbai, to constitute a team that would undertake the medical termination of the pregnancy of the minor.
The court further stated to ensure smooth transportation of the minor from the hospital to home and back. The court also directed the State Of Maharashtra to bear all expenses of the procedure. The minor must be given post-termination care if required, the court ruled.
The petition in the top court for the pregnancy termination was filed by the minor’s mother after the Bombay High Court denied giving them relief in the matter.
The Supreme Court listed the matter for urgent hearing and directed the medical examination of the minor at Sion Hospital, Mumbai, by a board of doctors. The court sought a report from the hospital about possible physical and psychological conditions if the minor undergoes the termination or if advised against it.
Team Profile
- News Writer
- Mohit Dalal, a graduate in Psychology currently pursuing a Master's degree in Journalism, is deeply intrigued by society and its norms. His interest in this captivating field has inspired a desire to excel in legal journalism. Mohit aspires to make significant contributions to the field of journalism, particularly in covering legal issues and related societal matters.
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