Supreme Court recalls order allowing minor who had been raped to have abortion at 29 weeks

The Supreme Court on Monday recalled its April 22 order allowing a minor who had been raped to terminate her 29-week pregnancy, Live Law reported.

The court issued a new order after the 14-year-old survivor’s parents expressed concerns that she could suffer health complications if her pregnancy was terminated.

Under the Medical Termination of Pregnancy Amendment Rules, abortion is permitted up to 20 weeks of pregnancy. Women and minors who have been sexually assaulted, raped or impregnated through incest can abort the foetus at up to 24 weeks.

The bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra privately discussed the matter with the child and her parents through video conferencing in the chambers and conveyed to her that their earlier order needed to be recalled as the “interest of the child is paramount”.

The parents said that they would like to take their daughter home and have her deliver the baby.

On April 22, the top court had ordered that the child be allowed to terminate her pregnancy.

The plea on the minor’s behalf argued that she had found out about her pregnancy very late.

The first information report in the case of the minor’s rape was registered on March 20, after the permissible 24-week limit. The accused has been booked under Section 376 (rape) of...

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