NEW DELHI: Using its omnibus powers under Article 142 of the Constitution, the Supreme Court on Monday allowed termination of a 14-year-old girl’s 30-week-old pregnancy, allegedly caused by sexual assault, following a medical board’s opinion that though MTP at this stage is risky, threat to the minor’s life is more if pregnancy continued to its full term.
The minor’s mother had approached the SC on Friday evening and a bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala had enlisted assistance of additional solicitor general Aishwarya Bhati for conducting the minor’s fresh medical examination by a medical board at Lokmanya Tilak Municipal General Hospital and Medical College, Sion.
Minor found she was pregnant at a late stage
The mother had appealed against a Bombay HC order refusing approval for medical termination of pregnancy as the MTP Act provides for an outer limit of 24 weeks for abortion of an unwanted pregnancy, which could be relaxed further if the pregnancy posed danger to life of the mother. The HC had relied on a medical board report from Grant Government Medical College and Sir J J Group of Hospitals, Mumbai.
The SC found that the medical report relied upon by HC did not consider “impact of pregnancy on physical and emotional well-being of the minor” and asked the Sion-based hospital to conduct a fresh examination of the minor.
The new medical board opined that “continuation of pregnancy against her may impact negatively on physical and mental well-being of the 14-year-old”, “termination can be carried out at this stage. The threat of life to the patient if termination of pregnancy is carried out at this stage is not higher than the risk of delivery at full term of pregnancy”, and “continuation of pregnancy could cause psychological trauma to the patient”.
Apart from the medical reasons supporting termination of pregnancy, the bench headed by CJI Chandrachud said, “The minor was unaware of the fact that she was pregnant until a very late stage”. It set aside the HC order and allowed termination of pregnancy at the hospital in Sion.
It asked the Dean at Sion Hospital to immediately constitute a team for undertaking the medical termination of pregnancy of the minor and asked Maharashtra govt to arrange for the minor’s transportation to the hospital and return home after the MTP.
Maharashtra agreed to bear all costs of the procedure, medical expenses required in the interest and safety of the minor as well as post termination healthcare of the minor. CJI Chandrachud said an elaborate order would follow as the bench dictated only an operative order to enable termination of pregnancy to take place as soon as possible.
The minor’s mother had approached the SC on Friday evening and a bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala had enlisted assistance of additional solicitor general Aishwarya Bhati for conducting the minor’s fresh medical examination by a medical board at Lokmanya Tilak Municipal General Hospital and Medical College, Sion.
Minor found she was pregnant at a late stage
The mother had appealed against a Bombay HC order refusing approval for medical termination of pregnancy as the MTP Act provides for an outer limit of 24 weeks for abortion of an unwanted pregnancy, which could be relaxed further if the pregnancy posed danger to life of the mother. The HC had relied on a medical board report from Grant Government Medical College and Sir J J Group of Hospitals, Mumbai.
The SC found that the medical report relied upon by HC did not consider “impact of pregnancy on physical and emotional well-being of the minor” and asked the Sion-based hospital to conduct a fresh examination of the minor.
The new medical board opined that “continuation of pregnancy against her may impact negatively on physical and mental well-being of the 14-year-old”, “termination can be carried out at this stage. The threat of life to the patient if termination of pregnancy is carried out at this stage is not higher than the risk of delivery at full term of pregnancy”, and “continuation of pregnancy could cause psychological trauma to the patient”.
Apart from the medical reasons supporting termination of pregnancy, the bench headed by CJI Chandrachud said, “The minor was unaware of the fact that she was pregnant until a very late stage”. It set aside the HC order and allowed termination of pregnancy at the hospital in Sion.
It asked the Dean at Sion Hospital to immediately constitute a team for undertaking the medical termination of pregnancy of the minor and asked Maharashtra govt to arrange for the minor’s transportation to the hospital and return home after the MTP.
Maharashtra agreed to bear all costs of the procedure, medical expenses required in the interest and safety of the minor as well as post termination healthcare of the minor. CJI Chandrachud said an elaborate order would follow as the bench dictated only an operative order to enable termination of pregnancy to take place as soon as possible.