SC refuses to overturn its order on rape victim's 30-week pregnancy

The Supreme Court refused to overturn its decision allowing a 15-year-old rape victim to terminate her 30-week pregnancy. The court left the final decision to the parents and stated it cannot force motherhood on the traumatized minor.

The Supreme Court on Thursday refused to entertain a plea seeking to overturn the apex court's April 24 decision to order termination of a thirty-week unwanted pregnancy of a 15-year-old victim of rape.

A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi asked Additional Solicitor General (ASG) Aishwarya Bhati, appearing on behalf of AIIMS doctors, to speak to the parents of the minor child victim and left it for them to decide whether the minor-victim daughter would undertake the pregnancy or not.

AIIMS Argues Against Termination

The petitioners (AIIMS) argued that since it's been 30-weeks of pregnancy, the foetus is now a viable life and termination would not be successful. The child would be born with serious deformities, organ failures and even the minor victim would have life-long issues, such as not even being able to go through another pregnancy.

Court Upholds Victim's Choice

However, the bench, expressing how agonising the case is, clarified that if the minor child were to undergo pregnancy, she will suffer trauma every day of her life. In an age where she should have aspirations to make a good life, the Court sternly expressed that it cannot force her to bear motherhood.

The Court also expressed that in cases of child rape, the choice to bear or terminate pregnancy should always be with the victim.

The CJI also urged the media to be sensitive while reporting this case and not record everything (the entire courtroom exchange) from this hearing, as the case involves a minor victim of rape.

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