The Supreme Court recently recalled its April 22 judgment by which it allowed a 14-year-old rape survivor to undergo medical termination of her 30-week pregnancy after her parents changed their mind.
Maintaining that the welfare of the minor was of paramount importance, the Supreme Court in its aforesaid order 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 of Chief Justice D Y Chandrachud, Justice J B Pardiwala and Justice 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 for the victims conveyed that the parents, who interacted with the judges through video-conferencing, said they have decided to wait for the full term of pregnancy. The Chief Justice led bench accepted the submissions of the parents and recalled the April 22 order.
Previously, 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. The court underlined that when it says abortion should be done, it is subject to the consent of the woman. It added that for adults, the woman’s consent is needed but for a minor, this is different because she is a rape victim. Subsequently, the court noted that the report says the mother cannot decide whether to give the baby up for adoption or terminate the pregnancy.
The Chief Justice stated that the minor also has some will. He added that the doctors also have agency as they have the best interest of the mother and that the bench cannot override these agencies. He concluded that the decision has to be taken by doctors.
The lawyers for the parents said the mother of the minor has not changed her stance. Consecutively, the Chief Justice asked the parents to come to his chamber at 2 pm, where he has a video-conferencing facility in his room, where they can speak to the mother and doctors at Sion hospital and then take a call.
Later, in the chamber, the parents decided to keep the pregnancy apparently keeping in mind the security and well being of the minor pregnant girl. Previously, the apex court had set aside the April 4 Bombay High Court judgment declining the plea for termination of pregnancy of the minor.