The Supreme Court on Thursday orally commented that the Medical Termination of Pregnancy Act must be amended to remove the time limit for the legal termination of pregnancies arising out of rape of minor girls.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a curative petition filed by All India Institute of Medical Sciences (AIIMS), New Delhi, against a direction of a two-judge bench to terminate the pregnancy, presently at 30 weeks, of a 15-year-old girl.
Additional Solicitor General Aishwarya Bhati stressed that the pregnancy has crossed the 24-week upper limit.
“Please amend your law so that in case of unwanted pregnancy on account of rape of a minor girl, the time limitation will not be there,” the CJI said.
The CJI also said that the law should be amended to ensure trials in cases of child rapes are carried out at the earliest. The court refused to entertain the plea of AIIMS and said that the hospital cannot impose its decision on the minor. The bench observed that it is for the girl to decide whether to carry the pregnancy or to terminate it.
“What Is the Legal Time Limit for Termination of Pregnancy?”
Under the present law, last amended in 2021, 20 weeks is the general upper limit for the termination of pregnancy. In certain specified categories, termination of pregnancy up to 24 weeks is allowed. They are:
a) survivors of sexual assault or rape or incest;
b)minors
c) change of marital status during the ongoing pregnancy
d) women with physical disabilities
[ major disability as per criteria laid down under the rights of persons with Disabilities Act, 2016 ( 49 of 2016)];
e) mentally ill women including mental retardation;
f) substantial risk of being incompatible with life or if the child is born it may suffer from such a physical or mental abnormalities to be seriously handicapped
g) women with pregnancy in humanitarian setting or disaster or emergency situations as may be declared by the Government.
pregnancy above the age of a 24 weeks can be terminated only if it is immediately necessary to save the life of the women.
