Petition in Top Court for Termination of 28-Week Pregnancy, Court Orders Medical Examination of Minor
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The Supreme Court on Friday ordered the medical examination of a 14-year-old rape victim who approached the top court for termination of her 28-week pregnancy.
The two-judge bench comprising Chief Justice of India D Y Chandrachud and Justice J B Pardiwala heard the case on an urgent basis after an email was sent on behalf of the rape victim seeking judicial intervention in the matter.
The Court directed the medical examination to be conducted on Saturday at Mumbai’s Sion Hospital by a board of doctors.
The court asked Mumbai’s Sion Hospital to submit the report about the girl’s possible physical and psychological condition if she undergoes the termination of her pregnancy or if advised against it. The next date of hearing is scheduled for April 22.
The two-judge bench was hearing a petition filed by the girl’s mother, who approached the top court after the Bombay High Court rejected their plea for pregnancy termination.
On April 4, the High Court dismissed the plea filed by the victim’s mother based on the Medical Board’s report, which stated that the victim’s pregnancy presented a scenario where a live, viable preterm baby would result from termination, requiring neonatal intensive care.
After no relief was granted by the Bombay High Court, the mother approached the Supreme Court, challenging the High Court’s order, stating that the medical report was prepared without examining her daughter. Hearing the plea, the top court observed that, “from the report which has been placed on record, a striking feature has emerged before the court. Prima facie, the medical report does not contain an evaluation of the physical and mental status of the minor, particularly having regard to the background leading up to the pregnancy, including the alleged sexual assault.”
The bench further stated that the victim should be examined afresh by the medical board at Sion Hospital on Saturday and submit the report on Monday.
The Court has also asked the standing Counsel for Maharashtra to ensure transportation arrangements are made for the petitioner and her daughter from their place of residence to the hospital and back.
Under the Medical Termination of Pregnancy Act, the upper limit for termination of pregnancy is 24 weeks for married women as well as for those in special categories such as rape survivors, other vulnerable women like differently-abled, and minors.
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- 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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