Key Takeaways
- The Supreme Court rejected AIIMS’ curative plea, upholding the minor’s right to terminate 30-week pregnancy.
- The decision prioritizes the mother’s rights over the unborn child, allowing for the termination of unwanted pregnancies.
- This landmark decision sets a precedent for future cases related to termination of pregnancy and the rights of minors.
New Delhi: The Supreme Court on Thursday declined to consider a curative petition filed by the All India Institute of Medical Sciences (AIIMS), New Delhi, challenging an earlier order by a two-judge bench that permitted the termination of a 30-week pregnancy of a 15-year-old minor.
The Supreme Court granted AIIMS doctors the liberty to counsel the minor and her family, and to share relevant medical reports and information with them. This informed decision allowed the minor to choose between continuing the pregnancy or terminating it.
The bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi allowed the termination of pregnancy and directed the AIIMS to carry out the procedure.
The Court said that the AIIMS cannot impose its decision (that pregnancy should not be terminated) on the mother, and that the woman should have the option of taking an informed decision.
“Unwanted pregnancies cannot be burdened on the woman,” CJI Surya Kant said.
On April 24, a bench comprising Justices BV Nagarathna and Ujjal Bhuyan had allowed the termination of pregnancy and directed the AIIMS to carry out the procedure. Yesterday, the same bench dismissed the review petition filed by AIIMS, saying, “It is strange that the review petitioner-All India Institute of Medical Sciences (AIIMS) is not inclined to obey the order of the Supreme Court and instead, is assailing the order of this court, in order to defeat the constitutional rights of the minor daughter of the appellant herein.”
Following that, the AIIMS filed a curative petition, which was urgently mentioned before the bench of the Chief Justice of India this morning. The CJI said that the doctors are focusing too much on the unborn child, rather than the mother. “Too much focus on the child and not the mother who has gone through such pain.”
