The All India Institute of Medical Sciences (AIIMS) has filed a curative petition in the Supreme Court of India, seeking a reversal of an earlier order that granted a 15-year-old minor permission to terminate her 30-week pregnancy.
This legal intervention highlights the complex intersection of reproductive rights, medical ethics, and the physical safety of minors in advanced stages of gestation.
Medical Concerns Raised by AIIMS
AIIMS medical experts have cautioned the court that proceeding with the termination at this late stage (nearly seven and a half months) poses significant risks to the minor’s health. Their primary arguments include:
- Physical Complications: Risks of severe hemorrhaging or long-term reproductive health issues due to the advanced stage of the fetus.
- Psychological Impact: Potential lifelong emotional trauma associated with a late-term medical procedure.
- Viability: At 30 weeks, a fetus is considered viable, meaning it could potentially survive outside the womb, complicating the ethical and legal definitions of termination.
The Supreme Court’s Stance on Informed Consent
In response to the AIIMS petition, the Supreme Court has directed the medical institute to provide intensive counseling to the minor’s parents. The bench emphasized that while medical risks are paramount, the autonomy and informed consent of the individual involved are critical factors.
The court noted that the final decision should rest with the “person concerned,” balancing the legal right to bodily autonomy against the medical warnings issued by the state’s premier healthcare institution.
Legal Context: The MTP Act
Under the Medical Termination of Pregnancy (MTP) Act, the standard limit for termination is 24 weeks for specific categories of women (including minors and rape survivors). Terminations beyond this limit require judicial intervention and are typically only granted if a medical board deems the pregnancy a threat to the mother’s life or if there are substantial fetal abnormalities.
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