After hearing this argument, SC permitted abortion to a 14-year-old pregnant minor, HC had banned it

The Supreme Court has permitted a 14-year-old pregnant minor, a rape victim, to terminate her 28-week pregnancy. The court has allowed medical abortion of a minor under Article 142 of the Constitution. This article empowers the Supreme Court to pass orders to do complete justice in any case.

The court has allowed abortion given the medical board's opinion that continuation of the pregnancy will hurt the mental and physical health of the minor. The court has ordered Mumbai's Sion Hospital to immediately constitute a team of doctors for abortion and has also asked the Maharashtra government to make all arrangements to take the minor to the hospital and bring him back. These orders were given by the bench of Chief Justice DY Chandrachud and JB Pardiwala after hearing the petition of the mother of the pregnant minor rape victim.

The Bombay High Court had refused to allow abortion after seeing the report of the medical board of JJ Hospital. On April 19, the Supreme Court had ordered re-investigation of the minor. In which a report on the possible physical and psychological condition of the pregnant minor was sought from Sion Hospital, Mumbai. The court had said that the earlier medical board had not assessed this aspect.

The Sion Hospital panel of doctors stated in the report submitted to the Supreme Court that the minor's physical and mental health would suffer if the pregnancy was carried out against her will after reexamining the case. Additionally, it was mentioned that although abortion is possible in this case, doing so now would put the minor's life at greater risk than waiting to terminate the pregnancy and deliver the child.

After reviewing the Medical Board of Sion Hospital's report on Monday, the Supreme Court decided not to rule on the case until it had given its reasons, but in the meantime, it issued an immediate temporary order for an abortion. The court has recorded in its order that the minor is only 14 years old and the pregnancy is the result of rape on her, for which an FIR has also been registered under Section 376 of the IPC and POCSO Act.

The minor came to know about her pregnancy much later. The court said that the welfare and safety of the minor is paramount and this order is given keeping that in mind. To ensure compliance with the order, the court has directed the Dean of Sion Hospital to immediately inform about the order. The Supreme Court has cancelled the High Court's refusal order.