SC is conducting the medical examination of a 14-year-old rape victim who wants to terminate her 28-week pregnancy

New Delhi: Noting that the Bombay High Court failed to assess the physical and mental condition of the rape survivor, the Supreme Court on Friday ordered a medical examination of a 14-year-old girl who was allegedly raped and sought termination of her 28 weeks of pregnancy. .

During an urgent hearing, a bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala directed the medical examination of the victim to be conducted on April 20 at Lokmanya Tilak Municipal General Hospital, Sion, Mumbai.

“From the material on record, a salient feature which has emerged prima facie before this Court is that the medical report contains no evaluation of the physical and mental condition of the minor, particularly having regard to the background prior to pregnancy, including the alleged sexual assault,” observed the bank.

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Therefore, the Supreme Court ordered that the medical examination must indicate the possible mental and physical consequences for the minor if such termination is allowed.

The bench met at around 4.30 pm after the regular hearing hours to hear the petition on an urgent basis.

The victim’s mother has filed a petition to terminate her minor daughter’s 28-week pregnancy. The minor was sexually assaulted and on March 20, 2024, an FIR was registered at Turbhe MIDC police station at her request for offenses punishable under Section 376 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection Act of Children against Sexual Offenses Act 2012.

Following this, the petitioner approached the Bombay High Court but the latter dismissed the petition by order dated April 4, 2024 and refused to grant the said relief from discharge to the minor girl.

The High Court noted that the medical report relied upon by the High Court failed to assess the physical and mental condition of the minor victim, particularly in light of the context of the alleged sexual assault.

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

“It would be necessary for this Court to be informed whether carrying the pregnancy to term would affect the physical and mental well-being of the minor who is barely fourteen years old. The Medical Council will also rule on whether a termination of pregnancy can be carried out at this stage without any threat to the life of the minor.

In this view of the matter, we are of the opinion that the petitioner’s daughter should be re-examined tomorrow (April 20, 2024) by a Medical Board to be constituted at Lokmanya Tilak Municipal General Hospital and Lokmanya Tilak Municipal Medical College, Sion, Mumbai. . We request the Medical Superintendent of the hospital to constitute a medical board for that purpose.” said the bank.

Further, the court directed that the State of Maharashtra ensure that the petitioner and the minor daughter are taken to the hospital so that the medical tests can be conducted efficiently.

The bench asked the medical board to submit the report to it and posted the matter for hearing on April 22 at 10.30 am.

To view the official order, click the link below:

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