SC recalls order on termination of pregnancy as parents of minor rape victim change mind

Supreme Court recalls order allowing 14-year-old rape survivor to terminate pregnancy after parents change mind.

After the parents of a 14-year-old rape survivor changed their mind, the Supreme Court on April 29 recalled its April 22 order by which it had permitted the girl to undergo medical termination of her 30-week pregnancy.

Observing that the welfare of the minor was of "paramount importance", the top court, on April 22, had exercised its powers under Article 142 of the Constitution, which empowers it to pass any order necessary for doing complete justice in any case while permitting the minor girl to undergo the termination of her pregnancy.

A bench comprising Chief Justice D.Y. Chandrachud and justices J.B. Pardiwala and Manoj Misra took up the case in the chambers at 2 p.m. and interacted with Additional Solicitor General Aishwarya Bhati, who is assisting the bench, and the counsel for the parents of the minor girl.

The lawyers, associated with the case, said the parents, who interacted with the judges through video-conferencing, said they have decided to wait for the full term of pregnancy.

The CJI-led bench accepted the submissions of the parents and recalled the April 22 order.

Earlier in the day, the matter was taken up as the first item after it was alleged that some allegations have been levelled against the doctors of the hospital.

"When we say abortion should be done, it is subject to the consent of the woman. For adults, the woman's consent is needed. But for a minor, this is different because she is a rape victim. Now the report says the mother cannot decide whether to give the baby up for adoption or terminate the pregnancy.