Supreme Court Urges Government To Rethink Time Limits After Allowing 15-Year-Old Survivor’s 31-Week Pregnancy Termination – Obnews

India’s Supreme Court has sharply criticized the central government for challenging its earlier decision permitting a 15-year-old survivor to terminate her 31-week pregnancy, calling on authorities to respect the autonomy of victims and reconsider legal time restrictions in such cases. The court emphasized that when pregnancy results from sexual assault, rigid timelines should not stand in the way of justice and medical choice.

During Thursday’s hearing, Chief Justice Surya Kant questioned why the government had filed a curative petition against the termination order, stating that only the victim or her family should have the authority to challenge such a decision. Addressing Additional Solicitor General Aishwarya Bhati, the court stressed that citizens’ choices must be respected, particularly in deeply sensitive situations involving minors and trauma.

Justice Joymalya Bagchi also underscored the importance of placing the final decision in the hands of the survivor’s family after being fully informed about medical risks. The bench suggested that counsellors and psychiatrists should support the teenager and her family through the process rather than turning the matter into a confrontation between the state and the victim.

The government had earlier argued, based on medical input from the All India Institute of Medical Sciences, that terminating the pregnancy at this late stage posed serious health risks and could result in complications for both the minor and the foetus. Officials suggested that the teenager could instead carry the pregnancy to term and place the child for adoption, describing this as the safer option.

However, the court rejected that position, highlighting the long-term emotional and psychological consequences of forcing a minor rape survivor to continue with an unwanted pregnancy. The Chief Justice noted that the teenager had already endured severe trauma and humiliation and stressed that compelling her to proceed with childbirth at such a young age would further deepen her suffering and interfere with her future aspirations.

In its earlier ruling last week, the Supreme Court had already allowed the termination, observing that forcing the minor to continue the pregnancy would violate her fundamental right to live with dignity. The bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan pointed to her documented psychological distress, including reported suicide attempts, as evidence of the severe impact the pregnancy had on her wellbeing.

The case has now sparked wider discussion about whether India’s existing legal framework, which generally restricts abortions beyond 24 weeks except in exceptional circumstances, needs to evolve to better address pregnancies resulting from sexual violence. The developments were reported by NDTV.