In a strongly worded rebuke, the Supreme Court of India on Thursday criticised the Union government for filing a curative petition against its earlier order permitting the termination of a 31-week pregnancy of a 15-year-old rape survivor. The court underscored that the case involved a minor child and emphasized that her physical and mental well-being must take precedence over procedural limitations in law. The bench also urged the government to reconsider rigid legal frameworks in cases involving rape-induced pregnancies.

During the hearing, Justice Joymalya Bagchi observed that “individual choices” must be respected, stating that the state should not override decisions made by the victim and her family. The court questioned the necessity of the government’s intervention, noting that only the survivor or her guardians had the moral standing to challenge such a sensitive medical decision. The judges also stressed that reproductive decisions in such traumatic circumstances should not be reduced to bureaucratic disputes.

Chief Justice Surya Kant expressed strong disapproval of the government’s stance, remarking that the trauma suffered by a child rape survivor cannot be compensated by legal arguments. He criticised the government’s counsel for attempting to contest the earlier order and emphasised that the judiciary must prioritise dignity and autonomy in such cases. The court also highlighted that forcing continuation of the pregnancy could cause long-term psychological harm to the minor.

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The bench further questioned the strict application of statutory limits under the Medical Termination of Pregnancy framework, which generally restricts abortions beyond 24 weeks. The judges suggested that laws must evolve to reflect real-life circumstances, particularly in cases of sexual violence against minors. They observed that medical opinions should be weighed alongside the mental health and autonomy of the victim, rather than treated as absolute constraints.

Additional Solicitor General Aishwarya Bhati, appearing for the government, argued that medical reports from AIIMS indicated significant risks in terminating the pregnancy at such an advanced stage. She stated that the foetus could face severe complications and that the minor might suffer long-term health consequences, proposing that delivery followed by adoption would be a safer alternative. However, the court countered that such options could not override the psychological trauma of forcing a child to carry an unwanted pregnancy.

The court also recalled its earlier decision allowing termination, where it held that compelling the minor to continue the pregnancy would violate her fundamental right to life and dignity. It had taken into account her mental distress and previous suicide attempts, noting that her reproductive autonomy must be given paramount importance. The case has reignited national debate on abortion laws in India, particularly in situations involving rape survivors and minors, with the court now urging legislative reconsideration to ensure greater flexibility and compassion in such cases.

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