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The Supreme Court ruled that a minor should not be forced to continue a pregnancy, emphasizing that the decision lies with the survivor and her parents. It called for legal amendments to allow medical terminations beyond 20 weeks for rape survivors, highlighting the trauma faced by child victims.
The Supreme Court said that in cases of child rape, the choice to bear or terminate pregnancy should always be with the victim.(Pexels)The Supreme Court on Thursday held that a minor cannot be forced to bear a pregnancy and suggested that the Central government should amend the existing laws to allow medical terminations beyond the 20-week deadline. The SC bench of Chief Justice Surya Kant and Justice Joymalya Bagchi made the ruling in a plea filed by the All India Institute of Medical Sciences (AIIMS) seeking to set aside the apex court order allowing a 15-year-old girl to medically terminate her 30-week pregnancy.
Amend the law, says SC
The SC, while rejecting the plea, said the Central government should amend the law to permit rape survivors to terminate unwanted pregnancies even beyond 20 weeks.
"Please amend your law that when there is pregnancy due to rape etc, then time limitation will not be there. The law needs to be organic and in sync evolving times. Also amend the law so that such trials are completed within a week. Why should the child suffer the pending trauma of the trial also," the CJI said.
Victim should have the choice
The Court also said that in cases of child rape, the choice to bear or terminate pregnancy should always be with the victim.
The court said in its impassioned observations that this is a case of child rape and the survivor will have a lifelong scar and trauma if termination is not allowed. If the mother does not have permanent disability, termination should be carried out, it said.
"This is a curative petition. Unwanted pregnancy cannot be thrust on a person. Imagine... she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this," the bench said.
It asked AIIMS to counsel the survivor's parents and said the decision has to be of the person concerned.
"There are children for adoption. In this country we have lot of sympathies...There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15-year-old child," it said.
What AIIMS said
During the proceedings, an AIIMS doctor told the court that it is not child versus foetus but child versus child.
Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, mentioned the curative plea and said the termination of pregnancy is not possible.
"It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce... This child can be given for adoption. It has been 30 weeks now. It is a viable life now," Bhati said.
Bhati also sought the court's permission for counselling with the teen and her parents.
‘Not for AIIMS to choose’
The SC, however, noted that the curative petition can come from the parents.
“Let us not make a fight between the state and its citizens. Bring in a psychiatrist and counsellor. Let us not choose for people capable for choosing."
It is not for AIIMS, the judge said, to choose for citizens and it can only render medical service.
The top court said the decision on termination has to be that of the survivor and her parents. AIIMS, it said, may help them take an informed decision.
"Explain everything to the child and her parents. If after that they want to change views then we will see," the bench said.
SC's order last week
Last week, an SC bench of Justices B V Nagarathna and Ujjal Bhuyan allowed the 15-year-old to medically terminate her pregnancy of 30 weeks.
The top court also dismissed the review plea filed by AIIMS and held that medical termination of unwanted pregnancy cannot be rejected on grounds of advanced stage of pregnancy or normalcy of foetus.
Not allowing the termination on that basis would "render the right to bodily autonomy nugatory", the bench said.
Key Takeaways
- The Supreme Court reinforces the principle of bodily autonomy for minors in cases of rape.
- Existing laws regarding pregnancy termination should evolve to accommodate the rights of rape survivors.
- The court's decision emphasizes the need for timely legal processes to alleviate the trauma experienced by young victims.
About the Author
Bobins Vayalil Abraham
Bobins loves telling the human side of all stories, from the intersection of geopolitics, international relations, and conflicts around the world. In his nearly one-and-a-half-decade career as a journalist, Bobins has covered South Asia, the Middle East, and North America, from elections to mass protests and conflicts. <br> Bobins has also done extensive reporting on environmental issues, climate change, and sustainability, focusing on solutions and people working to make the planet a better place to live. <br> In 2018, Bobins was awarded by Times Internet for the impact of his story on Delhi tree cuttings. Bobins also loves telling the stories of Indian startups and the journey of their founders. <br> Total Years of Experience: 14 <br> Years of experience at LM: Bobins has been a part of Live Mint since February 2026 <br> Interests: When he is not tracking conflicts, Bobins loves to cook, travel across India, click photos, and watch documentaries on history. Past Experience: Before joining Live Mint, Bobins worked with The Indian Express, where he led the Global Breaking News coverage, Indiatimes, where he led the news team, covering everything trending, ANI, where the focus of his coverage was South Asia, and NBS News. <br> Current Role: Bobins is currently working as an Assistant Editor at Live Mint.
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