The bench, while overturning the Bombay High Court's order, also stated that allowing the termination at this stage...
Digital Desk: On Monday (April 22), the Supreme Court granted an urgent request to terminate the pregnancy of a 14-year-old juvenile rape survivor. While exercising its authority to execute complete justice under Article 142 of the Constitution, the Court directed the Dean of Sion Hospital in Maharashtra to carry out the medical termination of the 28-week pregnancy.
The bench, which included CJI DY Chandrachud and Justice JB Pardiwala, noted that the medical board that recently assessed the child rape survivor plainly stated that continuing the pregnancy could have an impact on the kid's physical and mental well-being. ASG Aishwarya Bhati, representing the Union, assisted the Court.
The mother of the youngster filed a case against the Bombay High Court ruling of April 4, 2024, which denied the relief of termination. The youngster was sexually assaulted, and an FIR was filed under section 376 of the IPC and Section 4 of the POCSO Act.
The bench, while overturning the Bombay High Court's order, also stated that allowing the termination at this stage would pose fewer hazards to the minor's life than maintaining the pregnancy until the end.
It is noted, as quoted by the Live Law, that "While a certain degree of risk is involved, the board has opined that the threat in carrying out the termination is not higher than the risk in full delivery...."
Continue Reading
