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SC permits minor rape survivor to undergo medical termination of a 30-week pregnancy

Directs Lokmanya Tilak Hospital to for medical team for terminating pregnancy

Supreme Court of India

The Supreme Court on Monday permitted a 14-year-old alleged rape survivor to undergo medical termination of her almost 30-week pregnancy.

Exercising its powers under Article 142 of the Constitution which empowers it to pass any order necessary for doing complete justice in any case, a bench headed by Chief Justice D.Y. Chandrachud directed the dean of the Lokmanya Tilak Municipal Medical College and General Hospital (LTMGH) at Sion in Mumbai to set up a team of doctors immediately for terminating the pregnancy.

It also set aside the Bombay High Court order declining the plea, filed by the father of the minor, seeking medical termination of her pregnancy. The top court had on April 19 ordered a medical examination of the minor.

It had sought a report from Mumbai's Sion hospital about the girl's possible physical and psychological condition if she undergoes medical termination of pregnancy or if she is advised against it.

Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for termination of pregnancy is 24 weeks for married women as well as for those in special categories, including rape survivors, and other vulnerable women, such as the differently abled and minors.