Allowing the Special Leave Petition, a Bench presided over by Chief Justice of India (CJI), DY Chandrachud, overturned a decision of the Bombay High Court which had dismissed the plea for Medical Termination of Pregnancy moved by the 14-year-old rape survivor’s mother.
The Bench, also comprising Justice JB Pardiwala, noted that the pregnancy allegedly emanated from sexual assault and the minor was unaware of her pregnancy until a very late stage.
In an earlier hearing on April 19, the top court directed Mumbai’s Sion Hospital to form a Medical Board to ascertain the physical and psychological condition of the minor if she undergoes Medical Termination of Pregnancy.
The medical report stated that the continuation of the pregnancy against the will of the minor may negatively impact her physical and mental well-being.
Under the Medical Termination of Pregnancy Act, 1971, a pregnancy that is 24 weeks or above can be terminated only with the permission of a court.
IANS
