In Urgent Sitting, Supreme Court Directs Medical Examination Of Minor Seeking Abortion Of 28-Week Pregnancy From Sexual Assault

The Supreme Court today, in an urgent hearing, ordered a medical examination of a 14-year-old minor seeking termination of a 28-week pregnancy caused by sexual assault. The bench led by CJI Chandrachud, in a post-4 PM hearing, has directed the medical examination of the minor at Sion Hospital, Maharashtra to be conducted tomorrow (April 20). The medical examination has been directed to apprise the Court of the possible mental and physical impacts on the minor in the event of allowing such a termination. 

The bench comprising CJI DY Chandrachud and Justice JB Pardiwala had re-assembled at around 4.30 PM after the regular court hours to hear the petition urgently.

The petition filed by the mother of the minor challenged the Bombay High Court order dated 4 April 2024, which declined to grant the said relief of termination. The minor was allegedly subjected to sexual assault and FIR under sections 376 IPC and S. 4 of POCSO Act has been registered in this regard. 

The Supreme Court noted that the medical report relied upon by the High Court failed to evaluate the physical and mental status of the minor victim, specifically in light of the context of the alleged sexual assault.  ASG Aishwarya Bhati appeared to assist the court in the present matter.

"From the material placed on record, a striking feature emerges before this court is  that prima facie, the medical report doesn't contain an  evaluation of the  physical and mental status of minor particularly having regard to the background leading to pregnancy, including the alleged sexual assault." 

The bench has directed that the State of Maharashtra ensure the transportation of the petitioner and the minor daughter to the hospital for the medical tests to take place with efficiency. The Court also directed that the medical board constituted by the Hospital for such examination also opine of whether the termination of pregnancy can be carried out without putting the life of the minor at stake. 

"Moreover it is necessary for the Court to be apprised of whether the carrying of the of the pregnancy of the minor would impact the mental well-being of the minor who is barely 14 yrs old....the petitioners should be examined afresh by the medical board to be constituted by Sion Hospital, tomorrow (20 April), we request the medical superintendent of the Sion Hospital to constitute a medical board for that purpose. We request the learned counsel for the state of Maharashtra to ensure that due arrangements are made for the transportation of the petitioner and daughter ......the report of the hospital shall be placed before this court at 10:30 AM on 22nd April.....The medical board shall also opine on whether a termination can be carried out at this stage without threat to the life of the minor child. List as the first item on board at 10:30AM Monday."  

The petition will be heard at priority at 10:30 AM on Monday (April 22). 

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