The All India Institute of Medical Sciences (AIIMS) has moved a curative plea in the Supreme Court of India challenging its earlier decision that permitted a 15-year-old girl to terminate her 30-week pregnancy. AIIMS told the court that continuing with the termination may not be in the best interest of the minor, arguing that the young mother could face lifelong physical and psychological complications if the pregnancy is ended at such an advanced stage.
Hearing the matter, the Supreme Court asked AIIMS to counsel the girl’s parents regarding the medical and emotional implications involved. The court also emphasised that the final decision should rest with the person concerned, underscoring the importance of informed consent in such sensitive cases.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said this is a case of child rape and the survivor will have a lifelong scar and trauma if termination is not allowed.
The top court said if the mother does not have permanent disability then it should be carried out.
It asked AIIMS to counsel parents of the survivor over the issue and said the decision has to be of the person concerned.
"There are children for adoption. In this country we have lot of sympathies...There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15-year-old child.
"This is a curative petition. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this," the bench said.
{{/usCountry}}"This is a curative petition. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this," the bench said.
{{/usCountry}}Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, mentioned the curative plea, and said the termination of pregnancy is not possible.
"It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce. Minor mother will have lifelong health issues. This child can be given for adoption. It has been 30 weeks now. It is a viable life now," she said.
The top court said the decision on termination has to choice of the survivor and her parents and AIIMS may help them take an informed decision.
On April 24, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the girl to medically terminate her pregnancy of 30 weeks.