• UGI USER
  • Apr 23, 2024
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“SC PERMITS TERMINATION OF PREGNANCY FOR MINOR RAPE SURVIVOR.”

Why in the news?

“SC permits termination of pregnancy for 14-year-old rape survivor nearing 30 weeks, citing potential harm to her well-being.”

Source:scribd

About the Supreme Court Decision on Pregnancy Termination:

  • The Supreme Court, invoking Article 142 of the Constitution, granted permission for the termination of pregnancy of a 14-year-old rape survivor in Maharashtra.
  • The girl, unaware of her condition until late, is nearing 30 weeks of pregnancy.
  • The Medical Termination of Pregnancy Act sets a 24-week limit for termination, even for rape survivors and vulnerable women.
  • In this case, the FIR was filed after the 24-week limit, delaying legal recourse.
  • Chief Justice D.Y. Chandrachud and J.B. Pardiwala agreed with the medical board’s recommendation citing potential harm to the minor’s well-being.
  • The state government will cover expenses for the procedure, aftercare, and transportation, ensuring necessary support for the survivor.
Understanding Article 142:

  • Article 142 grants discretionary power to the Supreme Court for complete justice in any pending matter.
  • Allows the court to pass decrees or make orders necessary for justice.
  • Used to address societal issues, protect the environment, and provide relief to underprivileged sections.
  • Examples include cleaning the Taj Mahal and delivering justice to undertrials.

What are the Legal Provisions Related to Abortion in India?

  • Abortion prohibited until the 1960s under Section 312 of Indian Penal Code.
  • MTP Act, 1971 enacted, allowing safe and legal abortions up to 20 weeks of gestation.
  • 2021 amendment permits abortion up to 24 weeks for specific cases like rape survivors with approval from two doctors.
  • State Medical Boards decide on termination after 24 weeks for substantial fetal abnormalities.
  • Amendment extends abortion rights to unmarried women, ensures consent based on age and mental state, overseen by medical practitioners.

Source: https://indianexpress.com/article/india/supreme-court-abortion-rape-survivor-30-week-pregnancy-9283907/