Supreme Court Urges Centre To Review Abortion Law For Rape Survivors

NEW DELHI, Apr 30: The Supreme Court on Thursday strongly criticised an attempt by the All India Institute of Medical Sciences (AIIMS) to challenge its earlier order permitting a 15 year old rape survivor to medically terminate her 30-week pregnancy, while also urging the Centre to examine possible amendments to existing abortion laws.
Hearing the matter, the apex court observed that pregnancies resulting from sexual assault require a more humane legal approach and said the law should evolve with changing social realities. The bench remarked that rape survivors should not face rigid legal deadlines when seeking termination of an unwanted pregnancy.
Court Highlights Trauma Faced By Minor Survivor
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi underlined the emotional and psychological suffering endured by the teenage survivor, describing the case as one involving child rape with lifelong consequences.
The judges said forcing a 15 year old girl to continue an unwanted pregnancy would deepen her trauma and permanently affect her future.
“Unwanted pregnancy cannot be thrust upon a person,” the bench observed, stressing that the girl should be focusing on education and rebuilding her life rather than being compelled into motherhood.
The court also noted that the law must remain “organic” and responsive to evolving social and humanitarian concerns.
Supreme Court Questions Objections Raised By AIIMS
During the hearing, Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, argued that terminating the pregnancy at 30 weeks posed serious medical complications.
She submitted that the foetus was viable and warned that the procedure could lead to severe health consequences for the minor, including possible long-term reproductive complications. AIIMS also suggested that the child could be carried to term and later placed for adoption.
However, the Supreme Court expressed dissatisfaction with the plea seeking reconsideration of its earlier decision. The bench stated that the final choice should rest with the survivor and her parents after proper medical counselling.
Court Calls For Informed Decision By Survivor And Family
The apex court directed AIIMS doctors to counsel the survivor’s family regarding the medical implications and available options so they could make an informed and voluntary decision.
The judges emphasised that sympathy alone cannot address the realities faced by survivors of sexual violence. Referring to the growing number of abandoned and orphaned children in the country, the court said society must understand the emotional burden imposed on a child forced into motherhood after rape.
Earlier Order Allowed Medical Termination
The Supreme Court had earlier, on April 24, allowed the medical termination of the 30-week pregnancy. The earlier ruling was delivered by a bench of Justices B V Nagarathna and Ujjal Bhuyan after considering the sensitive circumstances surrounding the case.
The latest observations by the court are expected to reignite debate over amendments to the Medical Termination of Pregnancy (MTP) Act, particularly in cases involving rape survivors and minor victims seeking abortion beyond the currently prescribed legal limit.