Supreme Court Rejects Abortion Plea of 10-Year-Old Rape Victim

As per the Medical Termination of Pregnancy Act, 1971, abortion is not permitted after foetus grows more than 20-week-old.

Updated: July 28, 2017 5:57 PM IST

By Mohammed Uzair Shaikh

Supreme Court Rejects Abortion Plea of 10-Year-Old Rape Victim
With the foetus is growing 32-week-old, the abortion posed threat to victim's life, SC said (File image/PTI)

New Delhi, July 28: The abortion plea of a 10-year-old rape survivor was rejected by the Supreme Court on Friday, citing the risk posed to her life. The Chandigarh-based victim’s petition was taken up by the court on Wednesday, after a lower court had turned down her appeal.

The bench comprising of Chief Justice of India J S Khehar and Justice D Y Chandrachud dismissed the abortion plea, noting that the foetus is now 32-week-old, which pragmatically minimises the scope of abortion. The apex court’s observation was based upon the report they acquired from the medical board of PGI, Chandigarh. The report was submitted to the bench in a sealed envelope.

As per the Medical Termination of Pregnancy Act, 1971, abortion is not permitted after foetus grows 20 weeks old. The amendment to the existing law was moved during the erstwhile government’s tenure, seeking to increase the permissible period of abortion from 20 to 24 weeks. However, the amendment awaits Cabinet approval. ALSO READDoes abortion promotes drug use? 

Dozen of rape victims, over the past several years, have knocked the judicial doors to grant them the permission for abortion. The Supreme Court had observed that the present law could be stretched to extend the legally permissible period under compelling circumstances.

The top court, in April last year, had allowed a 14-year-old rape victim to undergo abortion despite the foetus growing 24-week-old. The Ahmedabad-based victim was a Class X student, whose father had moved the top judiciary,after being turned down by the lower court.

On July 3, the apex court had upheld the plea of a Kolkata-based pregnant lady, with a 26-week-old foetus, citing the medical report which claimed that the newborn baby would not be able to survive, even if it is born alive.

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