The All India Institute of Medical Sciences (AIIMS) has filed a curative petition in the Supreme Court of India challenging its earlier decision allowing a 15-year-old girl to terminate her 30-week pregnancy. AIIMS told the court that continuing with the abortion may not be in the best interests of the minor, arguing that the young mother may face lifelong physical and psychological complications if the pregnancy ends at such an advanced stage.
Hearing the matter, the Supreme Court asked AIIMS to advise the girl’s parents regarding the medical and emotional implications involved. The court also stressed that the final decision should rest with the person concerned, stressing the importance of informed consent in such sensitive cases.
A bench of Chief Justice Surya Kant and Justice Joymalia Bagchi said that this is a case of rape of a child, and the survivor will suffer lifelong scarring and trauma if the marriage is not allowed to end.
The Supreme Court said that if the mother was not permanently disabled, this should be done.
She asked AIIMS to advise the survivor’s parents on the issue and said the decision should be made by the person concerned.
“There are children for adoption. In this country we have a lot of compassion… There are children who are abandoned, left on the streets and even mafias. We have to look at them. This is an unwanted pregnancy for a 15-year-old girl.”
“This is a curative petition. An unwanted pregnancy cannot be imposed on anyone. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain and humiliation the child has suffered in this matter,” the judge said.
Additional Solicitor General Aishwarya Bhatti, appearing for AIIMS, mentioned the curative plea and said that termination of pregnancy is not possible.
“It will be a live baby with severe deformities. The underage mother will have lifelong health problems and will not be able to give birth. The underage mother will have lifelong health problems. This baby can be put up for adoption. It has been 30 weeks now. It is a viable life now,” she said.
The Supreme Court said the decision to terminate should be the choice of the survivor, and her parents and AIIMS may help her make an informed decision.
On April 24, a bench of Justices B V Nagrathna and Ujjal Bhuyan allowed the girl to medically terminate her 30-week pregnancy.
