New Delhi, April 22
Noting that the welfare of the minor was of “paramount importance”, the Supreme Court on Monday overturned a Bombay High Court verdict and allowed a 14-year-old rape survivor to undergo medical termination of her almost 30-week pregnancy in view of “exceptional” circumstances.
A Bench led by CJI DY Chandrachud directed the dean of the Lokmanya Tilak Municipal Medical College and General Hospital, Sion, Mumbai, to set up a team of doctors immediately for aborting the foetus. Additional Solicitor General Aishwarya Bhati assured the Bench that the Maharashtra Government would bear the expenses. The top court directed that post-procedure medical care, if any, be ensured. However, it did not order a DNA test or any other medical examination of the foetus for the purpose of the ongoing rape case investigation, saying the police could take recourse in this regard.
The Bench passed the order after perusing the report of a medical board which clearly opined that the continuation of the pregnancy against the will of the minor would impact negatively on her physical and mental well-being.
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