After interacting with the minor’s parents, the Supreme Court decided to alter its earlier order, noting that the interest of the child is paramount.
A three-judge bench of the top court comprising CJI D Y Chandrachud, Justice J B Pardiwala, and Justice Manoj Mishra on Monday recalled its order that allowed a minor to medically terminate her 28-week pregnancy.
The decision has been taken by the court in the wake of concerns raised by the minor’s parents over her health if she were to undergo the termination process at such an advanced stage of pregnancy. The decision to alter the earlier judgment of the court has been taken after the judges interacted with the minor’s parents in the chamber virtually. Parents are willing to let the minor continue with the pregnancy and undergo a normal delivery.
The bench led by CJI decided to accept the submissions and recalled its April 22, 2024 order, noting that the interest of the child is paramount. The Supreme Court, while setting aside the Bombay High Court order on April 22, 2024, allowed the medical termination of the 28-week pregnancy of a 14-year-old rape survivor. The court, exercising its power under Article 142, ordered the dean of Sion Hospital, Maharashtra, to carry out the medical termination of the minor’s pregnancy. The decision was made after the court examined the report from the fresh examination of the minor, which stated that the continuation of pregnancy would take a toll on the minor’s physical and psychological health.
Under the Medical Termination of Pregnancy Act, the upper limit for termination of pregnancy is 24 weeks for women as well as for those in special categories such as rape survivors, old 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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