Supreme Court (SC) permits 14-year-old rape survivor to abort 30-week pregnancy

The Supreme Court on April 22 allowed a 14-year-old sexual assault victim to terminate her almost 30-week pregnancy. The SC bench termed termed the matter “very very exceptional case where we have to protect her”.

  • The relief is rare as the Medical Termination of Pregnancy (MTP) Act caps the upper limit for termination of pregnancy at 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.
  • The court noted in its order that the First Information Report (FIR) was itself recorded on March 20, 2024, beyond the period of 24 weeks envisaged in the MTP Act.
  • The FIR under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (Pocso) Act was registered in connection with the crime.
  • The Medical Termination of Pregnancy (MTP) Act allows the termination of pregnancy up to 20 weeks on the advice of a doctor.
  • The right to seek abortion is determined by two registered medical practitioners as an exception if a pregnancy is 20-24 weeks under certain categories.
  • Under the Medical Termination of Pregnancy (MTP) Act, abortions past 24 weeks are typically prohibited unless the pregnancy poses a severe threat to the woman’s life or involves substantial fetal abnormalities.

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