Two minor rape survivors allowed to abort, orders Supreme Court

September 22, 2017

The Supreme Court on Thursday allowed two minor rape survivor victims to terminate their pregnancies on the advice of the medical boards which examined them. The survivors, a 13-year-old girl from Delhi and a 17-year-old from Bengaluru, had separately approached the court for permission to abort their pregnancies. Both rape victims have crossed the 20th week of pregnancy, until which the law allows abortion. The 13-year-old was examined by a board of doctors from AIIMS, while the court appointed a medical team from the Bangalore Medical College and Research Institute to examine the other victim. Both medical teams had given recommendations in favour of medical termination of the pregnancies. The 13-year-old is in her 23rd week of pregnancy, whereas the other victim is in her 24th week. A bench comprising of Justices Amitava Roy and A.M. Khanwilkar, ordered preservation of the terminated foetus for DNA sampling during the investigation in both the cases. The Medical Termination of Pregnancy Act of 1971 does not allow abortion if the pregnancy has crossed 20 weeks. Under the said legislation, an exception to the 20-week cap is made if a registered medical practitioner certifies to a court that the continued pregnancy is life-threatening for either the mother or the baby. This provision was meant to be a safeguard against female foeticide. Recently, the court had denied permission to a 10-year-old rape survivor from Chandigarh to abort her foetus. Soon after the court denied her request, the girl gave birth. The apex court awarded ?10 lakh compensation for the girl. In a recent development, the Centre had written to States and Union Territories about the Supreme Court's suggestion to appoint permanent medical boards to provide rape survivors urgent access to medical care.