22 April 2024 FIR >> Criminal Law   |   Rape >> Criminal Law  

In a landmark decision, the Supreme Court of India has allowed a 14-year-old girl to undergo a medical termination of pregnancy (abortion) despite being past the legal limit. The girl's pregnancy is allegedly the result of a sexual assault.

The High Court had initially denied the girl's plea, citing an incomplete medical report that failed to consider her mental and emotional well-being. The Supreme Court intervened, criticizing the report and ordering a new examination by a medical board at Sion Hospital.

The Sion Hospital board concluded that continuing the pregnancy would negatively impact the girl's physical and mental health. Considering the urgency of the case and the girl's young age, the Supreme Court invoked its power under Article 142 of the Constitution to allow the abortion to proceed.

Here's what makes this case exceptional:

• Age of the victim: The girl's young age makes her particularly vulnerable to the physical and psychological effects of pregnancy.
• Alleged sexual assault: The court acknowledged the trauma of the assault and its potential impact on the girl's well-being.
• Medical risks: The Sion Hospital board highlighted the potential health risks associated with continuing the pregnancy.
• Legal time limit: The pregnancy is beyond the 24-week limit set by the Medical Termination of Pregnancy Act.

The Supreme Court's decision is likely based on these unique circumstances. It's important to note that this may not be the standard for future cases. A detailed explanation of the court's reasoning will be provided in a separate order.

This case highlights the court's commitment to protecting the well-being of minors and ensuring access to safe medical care in exceptional situations.

Protection of Children from Sexual Offences Act, 2012