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14-Year-Old Rape Survivor Granted Abortion by Supreme Court

Supreme Court of India

Last Updated on April 22, 2024 by News Desk

In a landmark decision, India’s Supreme Court overturned a lower court ruling and allowed a 14-year-old rape victim to terminate her 28-week pregnancy. The Court prioritized the girl’s well-being, citing a medical report that continuing the pregnancy could harm her physical and mental health.

The girl’s mother had appealed a Bombay High Court decision denying her request for an abortion. The Supreme Court emphasized that allowing the termination now posed less risk than carrying the pregnancy to full term. A medical board had previously assessed the situation and advised that the risks of the procedure were lower than those of childbirth.

The Court directed the Dean of Sion Hospital to establish a medical team for the abortion. The state will cover the costs of the procedure, ensure the girl’s safety, and provide any necessary aftercare.

This case highlights the limitations of the Medical Termination of Pregnancy (MTP) Act. While recently amended to extend the abortion limit to 24 weeks for specific categories, the victim’s case fell outside this timeframe due to a delayed FIR filing. The Court’s ruling underscores the importance of considering exceptional circumstances and prioritizing the well-being of victims.

Written by — Athi Venkatesh AVD

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