Supreme Court: The Supreme Court on Monday withdrew its order for removal of the 31-week-old fetus of a 14-year-old rape victim. After talking to the parents of the minor, the Supreme Court has withdrawn its order. The girl's parents spoke to CJI DY Chandrachud through video conference and expressed concern about their daughter's health and expressed their desire to give birth to a child.
CJI D.Y. Chandrachud and Justice J. B. Pardiwala's bench on April 22 allowed the 14-year-old minor to undergo abortion after seeing the report of the medical board. The bench passed this order exercising its powers of complete justice under Article 142 of the Constitution. Along with this, the bench said in its order that the medical board has examined the health of the rape victim and it is clear from the report that the continuation of the pregnancy will affect the physical and mental health of the victim.
The bench said that keeping the medical report in mind, the minor victim is being allowed to abort the child. Also ordered the Dean of Sion Hospital, Mumbai to immediately form a team of doctors to abort the minor.
After talking to the girl's parents, the Supreme Court said that the interest of the child is paramount. The bench said that the parents of the minor have expressed their desire to take the daughter home and give birth to a child. In view of this, the order passed on 22 April is withdrawn. Under which abortion was allowed.
The Supreme Court overturned the order of the Bombay High Court and allowed abortion to minors. The High Court refused to allow abortion to minors. In this case, on April 19, the bench had ordered the formation of a medical board to examine the health of the victim. The medical board, in its report submitted to the Supreme Court, said that the victim's pregnancy would affect her physical and mental health. According to the law, a fetus older than 24 weeks cannot be removed without court permission.