Supreme Court directs medical examination of minor seeking abortion of 28-week pregnancy from sexual assault

In an urgent hearing, the Supreme Court directed a medical examination of a 14-year-old minor seeking termination of a 28-week pregnancy caused by sexual assault. The bench led by CJI DY Chandrachud, in a post 4 PM hearing, has ordered the medical examination of the minor at Sion Hospital, Maharashtra to be conducted tomorrow (April 20). 

Notably, the medical examination has been directed to apprise the Court of the possible mental and physical impacts on the minor in the event of allowing such a termination. The bench of CJI DY Chandrachud and Justice JB Pardiwala had re-assembled at around 4.30 PM after the regular court hours to hear the petition urgently.

The plea lodged by the mother of the minor challenged the Bombay High Court order dated 4 April 2024, which declined to grant the said relief of termination. The minor was allegedly subjected to sexual assault and FIR under sections 376 IPC and S. 4 of POCSO Act has been registered in this regard.

The apex court noted that the medical report relied upon by the High Court failed to evaluate the physical and mental status of the minor victim, specifically in light of the context of the alleged sexual assault. Additional Solicitor General Aishwarya Bhati appeared to assist the court in the present matter.

She stated that from the material placed on record, a striking feature emerges before this court is that prima facie, the medical report does not contain an evaluation of the physical and mental status of minor particularly having regard to the background leading to pregnancy, including the alleged sexual assault.

The bench has ordered that the State of Maharashtra ensure the transportation of the petitioner and the minor daughter to the hospital for the medical tests to take place with efficiency. The Court further directed that the medical board constituted by the Hospital for such examination also opine on whether the termination of pregnancy can be carried out without putting the life of the minor at stake.

The court underlined that it is necessary for the court to be apprised of whether the carrying of the pregnancy of the minor would impact the mental well-being of the minor who is barely 14 yrs old. The bench added that the petitioners should be examined afresh by the medical board to be constituted by Sion Hospital, tomorrow (20 April).

The bench also requested the medical superintendent of the Sion Hospital to constitute a medical board for that purpose. It ordered that the report of the hospital shall be placed before this court at 10:30 AM on 22nd April. It added that the medical board shall also opine on whether a termination can be carried out at this stage without threat to the life of the minor child. 

Subsequently, the bench stated that the petition will be heard at priority at 10:30 AM on Monday (April 22).