“Change Your Law”: The Supreme Court Will Take Up Adolescent Pregnancy Termination

The government’s curative appeal against an earlier judgment to end the 31-week pregnancy of a 15-year-old child who had been raped was criticized by the Supreme Court on Thursday. The court ordered the government to respect individual choices, in this case the girl’s and her family’s, at what might be a turning point in women’s struggle for control over their bodies.

The government was also urged by the court to amend current legislation that sets a deadline for these kinds of lawsuits. “When there is a pregnancy due to rape, there should not be time limit. Law needs to be organic and in sync with evolvinteenagg time,” the court said.

“Nothing can compensate the agony she (the child) suffered after the rape,” Chief Justice Surya Kant thundered this morning as he rebuked Additional Solicitor General Aishwarya Bhati. “Give respect to citizens, madam,” the court told the government, “You have no locus to challenge (the court’s termination order)… only the victim or her family can challenge.”

“We respect individual choices and so should you…” Justice Joymalya Bagchi said, ticking the government off for pressing its curative petition. “Show data (about possible health issues) to the parents and, if they choose to keep it (the foetus), then so be it. But if they think their child’s mental health is in jeopardy… they will take a call. Then please do not press your curative.”

“Let us not make this a fight between the state and its citizens. Bring in a psychiatrist and counsellor (to help the girl and her family). Let us not choose for people capable of choosing.”

The dressing-down followed Bhati arguing that termination of the pregnancy is not possible at this stage. She said the girl’s only option was to deliver the child and give it up for adoption.

Earlier, Bhati told the court: “With profound pain we have to mention this curative. This is from AIIMS (i.e., the All India Institute of Medical Sciences). Termination of pregnancy is not possible. It will be a live baby with severe deformities… minor mother will have life-long health issues.”

This option – deliver and give up the baby – is “in the best interest of the child”, she said.

“Just four more weeks,” she said.

The Chief Justice, however, responded: “This is a case of child rape… victim will have life-long scar and trauma. And even if she has a complicated marital life later, is this pain more or that?”

“There are good doctors at AIIMS… they can ensure the safety of the girl… just imagine the degree of agony in the child’s mind – every minute she is carrying the foetus! If it was an adult woman things might have been different but this is unwanted pregnancy of a 15-year-old child.”

“If it has become a fight between a child and foetus, then the child should be allowed to live with dignity,” he said, “Law has to be ruthless if justice so demands!”

“This is the age when she should have her own aspirations… ambitions. But we want her to become a mother? She has undergone so much pain and humiliation…” the court raged.

The adolescent was given permission by the court last week to medically end her pregnancy. Judges BV Nagarathna and Ujjal Bhuyan stated that a woman’s reproductive autonomy must be of the “highest importance” and that forcing her to give birth violated her fundamental rights. Given her psychological hardship and her two suicide attempts, the court stated,

Solicitor General Tushar Mehta, speaking on behalf of the government, pointed up a medical study that showed hazards to the fetus and minimal if the termination is performed at this point.  He contended that late-stage abortions pose increased dangers and that the case had reached court after the statutory 24-week limit for medical terminations.