New Delhi, Apr 30 — The Supreme Court on Thursday asked the Centre to amend the law to allow termination of pregnancies arising from rape without any time limit, observing that a minor cannot be forced to carry an unwanted pregnancy.
Hearing a case involving a 15-year-old rape survivor seeking termination of a 30-week pregnancy, a bench led by Chief Justice Surya Kant said the law must evolve with changing realities. “Please amend your law so that when pregnancy occurs due to rape, there will be no time limit,” the Chief Justice said, adding that such cases should be concluded within a week to avoid prolonged trauma.
The court made the remarks while criticising a plea by AIIMS seeking to quash its earlier order permitting the termination. It underlined that forcing continuation of pregnancy in such cases would inflict lifelong stigma and mental distress on the survivor.
“An unwanted pregnancy cannot be imposed on a person… Imagine she is a girl child. She should be studying now, but we want to make her a mother,” the bench said.
The judges stressed that the decision must rest with the survivor and her parents after proper medical counselling. “Explain everything to the girl and her parents… If they choose, we will consider,” the court said, directing that counselling support be provided.
Appearing for AIIMS, Additional Solicitor General Aishwarya Bhati argued that termination at 30 weeks was not feasible and could result in severe complications, suggesting the child could be carried to term and given up for adoption.
The bench rejected the approach of making choices on behalf of the survivor. “It is not for the state to choose for citizens who are capable of choosing,” it said, adding that medical institutions should provide information and care rather than impose decisions.
In its earlier order, the top court had allowed medical termination of the pregnancy, noting the survivor’s age, the unwanted nature of the pregnancy and reported attempts to end her life. It held that denying abortion on grounds of advanced gestation would undermine the right to bodily autonomy.
The Centre has also moved a curative petition, the last judicial remedy, in the matter.