Case Note & Summary
This appeal arose from a Division Bench judgment of the Bombay High Court dated 4 April 2024, which denied a 14-year-old minor rape victim ('X') permission to terminate her pregnancy. The minor had been sexually assaulted in September 2023, but the incident came to light only on 20 March 2024, when she was about 25 weeks pregnant. An FIR was registered under Section 376 IPC and Sections 4, 8, 12 of the POCSO Act. The medical board of Grant Government Medical College & Sir JJ Group of Hospitals initially opined that she was fit for termination subject to High Court permission, but later issued a clarificatory opinion denying termination because the gestational age was 27-28 weeks and there were no fetal abnormalities. The High Court dismissed the writ petition solely on the ground that the pregnancy exceeded 24 weeks. The appellant mother moved the Supreme Court under Article 136. The Supreme Court noted that the earlier medical report did not evaluate the physical and mental impact on the minor. It directed a fresh medical board at Sion Hospital, which examined the minor and reported a gestational age of 29.6 weeks, opining that continuation would negatively impact her physical and mental well-being and that termination could be carried out with risk not higher than delivery at full term. On 22 April 2024, the Supreme Court set aside the High Court order and allowed immediate termination, emphasizing the minor's welfare. Subsequently, the Dean of Sion Hospital sought guidance due to the mother's changing statements about adoption. The Supreme Court, in this reasoned judgment, upheld its earlier order, holding that the best interests of the minor and the medical board's opinion must prevail over the statutory gestational limit.
Headnote
A) Medical Termination of Pregnancy - Gestational Age Limit - Section 3(2)(b) and Section 5 of the Medical Termination of Pregnancy Act, 1971 - The court considered whether a minor rape victim could terminate her pregnancy beyond 24 weeks. The medical board opined that continuation would negatively impact her physical and mental well-being. The court held that the welfare of the minor is paramount and allowed termination despite the advanced gestational age, relying on the medical board's opinion and the fact that the pregnancy resulted from sexual assault. (Paras 1-11) B) Minor's Consent - Best Interests of the Child - Article 226 and Article 136 of the Constitution of India - The High Court had denied permission based solely on gestational age. The Supreme Court set aside the High Court order, emphasizing that the minor's physical and mental health, as assessed by a fresh medical board, must be considered. The court directed immediate termination, noting that the risk of termination was not higher than delivery at full term. (Paras 3-11) C) Sexual Assault - Victim's Rights - Protection of Children from Sexual Offences Act, 2012, Sections 4, 8, 12 - The pregnancy resulted from alleged sexual assault of a 14-year-old minor. The court considered the traumatic background and the minor's unawareness of pregnancy until late stage. The court held that the victim's welfare and right to bodily autonomy must be protected, and termination was necessary to prevent further psychological trauma. (Paras 1-11)
Issue of Consideration
Whether a minor rape victim, who is 14 years old and 29.6 weeks pregnant, can be permitted to terminate her pregnancy beyond the statutory limit of 24 weeks under the Medical Termination of Pregnancy Act, 1971, considering the impact on her physical and mental well-being.
Final Decision
The Supreme Court set aside the judgment of the Bombay High Court dated 4 April 2024 and allowed the minor to terminate her pregnancy forthwith. The court directed the Dean of Sion Hospital to constitute a team for the procedure, with the State bearing all expenses. The court held that the welfare of the minor is paramount and that the medical board's opinion must be given due weight, overriding the statutory gestational limit.
Law Points
- Medical Termination of Pregnancy Act 1971
- Section 3(2)(b)
- Section 5
- gestational age limit
- minor's consent
- sexual assault
- physical and mental well-being
- best interests of the child
- Article 226
- Article 136
