A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi on Thursday took strong exception to a plea by AIIMS seeking to set aside its order allowing a 15-year-old girl to medically terminate her 30-week pregnancy, and asked the Centre to consider amending the law to permit rape survivors to terminate unwanted pregnancies even beyond 20 weeks.
The Supreme Court said this is a case of child rape, and the survivor will have a lifelong scar and trauma if termination is not allowed.
Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, mentioned the curative plea, and said the termination of pregnancy is not possible.
"It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce. Minor mother will have lifelong health issues. This child can be given for adoption. It has been 30 weeks now. It is a viable life now," she said.
The top court said the decision on termination has to choice of the survivor and her parents and AIIMS may help them take an informed decision. It said when there is pregnancy due to rape, there should not be a time limit.
Law needs to be organic and in sync with evolving time, it stressed.
The top court said if the mother does not have permanent disability then it should be carried out.
It asked AIIMS to counsel parents of the survivor over the issue and said the decision has to be of the person concerned.
"There are children for adoption. In this country we have lot of sympathies...There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15-year-old child.
"This is a curative petition. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this," the bench said.
On April 24, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the girl to medically terminate her pregnancy of 30 weeks.
