New Delhi:
The Supreme Court has quashed an earlier order that allowed a 14-year-old rape survivor to terminate her pregnancy.
The decision was reversed after the girl's parents said they would raise the baby and were concerned about their daughter's health if the medical procedure went ahead.
“The best interests of the child are paramount,” Chief Justice of India DY Chandrachud said after speaking to the survivor's parents through video conferencing.
On April 22, the Supreme Court had allowed the rape survivor to terminate her 30-week pregnancy, quashing a Bombay High Court order. The court called it an 'exceptional case' and allowed the abortion based on a hospital report.
Indian law requires court permission to have an abortion after 24 weeks of pregnancy.
A bench headed by Chief Justice Chandrachud had said that while undergoing abortion at this stage involves some risk, medical experts in this case are of the view that the threat to life is not greater than the risk of full term delivery.
The medical council of a Sion hospital had ruled in favor of the abortion. On this basis, on April 22, the court allowed the abortion by invoking Article 142 of the Constitution, which gives it the power to issue an order necessary to ensure justice in any case that in pending before her.
In issuing the order, the court noted that the teenager was not aware of her pregnancy until a very late stage. The court was also told that a rape case had been filed in this case along with charges under the stringent Protection of Children from Sexual Offenses Act (POCSO).
The Medical Termination of Pregnancy Act 2021 allows medical termination of pregnancy up to 20 weeks with the opinion of a registered medical practitioner, and in some cases up to 24 weeks. In cases above that upper limit, one must turn to the courts.