After the parents of a 14-year-old rape survivor changed their mind, the Supreme Court on Monday recalled its April 22 order by which it had permitted the girl to undergo medical termination of her 30-week pregnancy.
Observing that the welfare of the minor was of “paramount importance”, the top court, on April 22, had exercised its powers under Article 142 of the Constitution, which empowers it to pass any order necessary for doing complete justice in any case while permitting the minor girl to undergo the termination of her pregnancy.
A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra took up the case in the chambers at 2 pm and interacted with Additional Solicitor General Aishwarya Bhati, who is assisting the bench, and the counsel for the parents of the minor girl.
The lawyers, associated with the case, said the parents, who interacted with the judges through video-conferencing, said they have decided to wait for the full term of pregnancy.
The CJI-led bench accepted the submissions of the parents and recalled the April 22 order.
Earlier in the day, the matter was taken up as the first item after it was alleged that some allegations have been levelled against the doctors of the hospital.
“When we say abortion should be done, it is subject to the consent of the woman. For adults, the woman’s consent is needed. But for a minor, this is different because she is a rape victim. Now the report says the mother cannot decide whether to give the baby up for adoption or terminate the pregnancy.
“The minor also has some will. The doctors also have agency as they have the best interest of the mother. We cannot override these agencies. This decision has to be taken by doctors,” the CJI said in the forenoon.
The counsel for the parents said the mother of the minor has not changed her stance.
“Please come to my chamber at 2 pm. I have a video-conferencing facility in my room, where we can speak to the mother and doctors at Sion hospital and then take a call,” the CJI said.
In the chamber, the parents decided to keep the pregnancy apparently keeping in mind the security and well being of the minor pregnant girl.
Earlier, the top court had set aside the April 4 Bombay High Court judgment declining the plea for termination of pregnancy of the minor.
The top court had directed the dean of the Lokmanya Tilak Municipal Medical College and General Hospital (LTMGH) at Sion in Mumbai to set up a team of doctors immediately for aborting the foetus.
The apex court was hearing a petition filed by the girl’s mother challenging the Bombay High Court order declining the prayer for termination of pregnancy.
Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for aborting the foetus is 24 weeks for married women as well as those in special categories, including rape survivors and other vulnerable women, such as those differently-abled and minors.
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