The Supreme Court of India took a pivotal step on Thursday regarding the plight of rape survivors by urging the Centre to consider amending existing abortion laws. The court’s directive came during a review of a case involving a 15-year-old girl who sought to medically terminate her 30-week pregnancy due to rape.
The bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, strongly opposed a plea by AIIMS to invalidate its prior decision allowing the girl’s abortion. The justices emphasized that when a pregnancy results from rape, rigid time limits should not apply, noting, “This is a case of child rape and the survivor will have a lifelong scar and trauma if termination is not allowed.”
The Supreme Court underscored the need for laws to evolve alongside society, insisting that the legal framework should reflect the changing times. The bench articulated the view that the impact of forcing a minor to continue with an unwanted pregnancy can be devastating.
During the proceedings, the court remarked, “Unwanted pregnancy cannot be thrust upon a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered.” The court mandated AIIMS to counsel the girl’s parents about the implications of their decision and maintain that the final choice rests with the survivor.
In the earlier ruling on April 24, Justices B V Nagarathna and Ujjal Bhuyan had granted the girl permission to terminate her pregnancy. The case illustrates the urgent need for legal reform regarding pregnancy termination for minors, especially in distressing circumstances such as rape.
Additional Solicitor General Aishwarya Bhati argued in opposition to the termination, citing concerns about the fetus’s viability and the potential for serious health issues for the minor mother. Bhati stated, “It will be a live baby with severe deformities. Minor mother will have lifelong health issues.” However, the court emphasized that the decision must involve consultations and informed consent from the survivor and her guardians.
The Supreme Court’s intervention serves as a crucial reminder of the societal responsibility to protect vulnerable individuals. The justices pointed out that there are many children in need of adoption in India, noting, “In this country we have a lot of sympathies. There are deserted, abandoned children on the streets.” They called for a compassionate approach to unwanted pregnancies resulting from assault.
The ongoing discourse around the legal status of abortion for rape survivors continues to highlight the necessity for progressive reforms in Indian law. As public awareness raises and societal norms shift, the demand for legislative changes that reflect compassion and humanity becomes increasingly pertinent.
