The Supreme Court permits a 14-year-old victim of rape to terminate a 30-week pregnancy

The Bombay High Court’s ruling was reversed by the Supreme Court in a historic ruling, enabling a 14-year-old rape victim to end her 30-week pregnancy. The court deemed the decision to be unusual, citing a hospital report and Indian legislation that mandates court approval for abortions performed on women who are pregnant for more than 24 weeks.

Leading the court, Chief Justice of India DY Chandrachud emphasized the value of medical input in the decision-making process. Although the court acknowledged the hazards connected to late-stage abortions, it also relied on the medical board’s view, which concluded that the risk to life was no more than that of a full-term birth.

Fast hearing and medical evaluation
Due to the urgency of the situation, the court last Friday held an urgent hearing and ordered that the girl be examined at a Maharashtra hospital. After receiving a report supporting the abortion from the medical board at Sion Hospital, the court used Article 142 of the Constitution to guarantee justice in the case.

Abortion legislation and the legal framework
A qualified medical practitioner’s opinion is required for abortions up to a maximum of 20 weeks under the Medical Termination of Pregnancy Act of 2021. Terminations may be completed within 24 weeks in certain circumstances. However, as this case illustrates, judicial action is necessary for pregnancies that exceed this limit.