New Delhi: In a sensitive and deeply complex case, the Supreme Court on Thursday declined to take up a fresh plea challenging its earlier directive regarding the termination of a 30-week pregnancy involving a 15-year-old rape survivor. The apex court instead placed the responsibility of the final decision with the victim’s family, underscoring the emotional and ethical weight of the matter.
A bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, heard submissions from Additional Solicitor General Aishwarya Bhati, who represented the medical team from AIIMS. The court suggested that doctors engage directly with the minor’s parents to help them make an informed choice about whether to proceed with or terminate the pregnancy.
Medical experts had raised concerns about the advanced stage of the pregnancy, stating that at 30 weeks, the foetus is considered viable. They cautioned that termination at this stage could carry serious risks, including potential health complications for the minor and the possibility of the child being born with severe medical conditions.
Despite these concerns, the bench acknowledged the profound psychological impact the pregnancy could have on the young survivor. The judges noted that forcing a minor to continue with such a pregnancy could result in lasting emotional trauma, especially at an age when she should be focusing on her future and personal growth.
The court reiterated that in cases involving child sexual assault, the decision to continue or terminate a pregnancy must ultimately rest with the survivor. It stressed that no individual, particularly a minor, should be compelled into motherhood under such circumstances.
Recognising the sensitive nature of the case, the Chief Justice also appealed to the media to exercise restraint and responsibility in their reporting. He urged journalists to avoid detailed accounts of courtroom proceedings that could compromise the dignity and privacy of the minor involved.
The matter continues to highlight the intersection of medical ethics, legal principles, and human compassion in some of the most challenging cases before the judiciary.
