AIIMS has filed a curative petition in the Supreme Court (SC), in which it has appealed against its own previous order. In that order, a 15-year-old girl was allowed to abort her 30-week pregnancy. After the hearing, the Supreme Court said that if the mother does not have any permanent disability or serious health problem, then the abortion procedure should be completed.
The court further said, "This is a case in which a girl has been raped. The victim will have to bear the wounds and shock of this incident for the rest of her life. Just think, she herself is still a child.
At this stage of her life she should be studying, but we are hell-bent on making her a mother. A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi remarked, "Just imagine how much pain and humiliation this girl must have had to endure during this entire process.
Meanwhile, AIIMS told the Supreme Court that termination of pregnancy would be in the best interest of the child considering that if the pregnancy was allowed to continue, the minor mother would have to face many difficulties throughout her life.
The final decision should be taken by the parents and the victim: SC
The Supreme Court directed AIIMS to counsel the girl’s parents in the matter, and stressed that the final decision should be taken by the person directly involved in the case. The court said that the decision should be taken by the parents and the victim only, whereas AIIMS can help them in taking a thoughtful decision.
The court stressed that unwanted pregnancy cannot be imposed on anyone. He urged us to consider how much pain and humiliation this girl has already had to endure. Apart from this, the court advised the Central Government to consider amending the law so that women who are victims of rape can abort their unwanted pregnancies even after 20 weeks.
Recommendation to the Central Government
The Supreme Court also urged the Central Government to amend the law, so that trials in such cases related to rape can be completed within a week. The court raised the question why minor girls who are victims of rape should have to suffer the mental agony of a long trial?
A doctor of AIIMS told the Supreme Court that this matter "baby vs fetus" is not of, but "child vs child" Is of.
In response, the Supreme Court directed AIIMS to counsel the victim’s parents and inform them about the possible consequences if they decide to undergo an abortion against medical advice.
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