Supreme Court Recalls Earlier Direction Allowing Termination of Minor Rape Survivor's Pregnancy After Parents Raised Health Concerns

The Supreme Court today (April 26) recalled its earlier directions permitting the termination of the pregnancy of a minor rape survivor. The Court reversed its order after the parents of the girl raised health-related concerns for the minor. 

The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra, after having a discussion in chambers with the parents of the minor, said that the reversal was needed as the 'interest of the child is paramount'. Additional Solicitor General of India Aishwarya Bhati assisting the court for a resolution. 

The minor's parents attended the session through video conferencing and expressed their will to take their daughter back home and deliver the baby. 

It may be recalled that the Court on April 22 allowed the plea for an urgent termination of the minor's pregnancy which had crossed 28 weeks then. While exercising its powers to do complete justice under Article 142 of the Constitution, the Court had then directed the Dean of Sion Hospital, Maharashtra to undertake the medical termination of the 28 weeks pregnancy.

However today, the matter was listed again before the Court based on the report of the medical team which indicated that the girl's mother was not in a position to decide if the pregnancy should be terminated or the baby should be given for adoption. Taking note of this circumstance, the matter was taken up in chambers at 2 PM and the judges interacted with the family through video conferencing.

Case Details : A (MOTHER OF X) vs. STATE OF MAHARASHTRA C.A. No. 005194 / 2024