‘Respect her choice’: Supreme Court pulls up Centre in minor rape survivor’s abortion case

The Supreme Court of India on April 30 came down heavily on the Centre for opposing the termination of pregnancy of a minor rape survivor, observing that the state must “respect the choice of the citizen”.

The case involved a teenage rape survivor seeking permission for termination at an advanced stage of pregnancy. The Centre had opposed the plea, citing medical concerns linked to the gestational age.

During the hearing, the court questioned the government’s stance, noting that the wishes of the survivor and the opinion of the medical board should be central to such decisions.

The bench observed that the legal framework under the Medical Termination of Pregnancy Act allows for termination beyond the usual gestational limits in certain circumstances, particularly in cases involving survivors of rape and when continuing the pregnancy could impact physical or mental health.

The court emphasised that forcing a minor rape survivor to continue with an unwanted pregnancy could have serious psychological consequences, and said such cases must be approached with sensitivity.

Referring to the medical board’s assessment, the court said expert opinion must be given due consideration rather than being overridden by a rigid interpretation of the law.

The Centre, in its submission, had raised concerns over the advanced stage of the pregnancy and associated medical risks. However, the court maintained that the decision must balance medical advice with the survivor’s autonomy.

The matter is part of a series of cases where courts have examined the scope of the MTP Act in late-stage pregnancies, particularly involving minors and rape survivors.