New Delhi: The Supreme Court on Thursday issued a sharp rebuke to the All India Institute of Medical Sciences (AIIMS) for attempting to block the court-ordered termination of a 30-week pregnancy for a 15-year-old rape survivor.

The bench, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, further urged the central government to consider legislative reforms that would remove time constraints for rape survivors seeking to end unwanted pregnancies, arguing that legal frameworks must remain "organic and in sync with evolving time."

The court emphasised that in instances of sexual assault, a rigid statutory deadline is inappropriate. "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," the bench observed.

Focus on Survivor Trauma

The justices highlighted the profound psychological and physical toll on the minor, noting that she would endure "lifelong scar and trauma" if forced to carry the pregnancy to term.

"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 court remarked.

The bench maintained that medical intervention should proceed, provided it does not cause permanent disability to the mother. It instructed AIIMS to provide comprehensive counselling to the survivor’s family while reiterating that the ultimate choice rests with the individual affected.

Medical Concerns vs. Bodily Autonomy

Representing AIIMS, Additional Solicitor General Aishwarya Bhati argued in the curative plea that a medical termination at 30 weeks was no longer viable without significant complications.

"It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce," Bhati said. "This child can be given for adoption. It has been 30 weeks now. It is a viable life now."

Despite these medical warnings, the court insisted that the survival of the fetus does not override the survivor's right to choose. The bench noted that AIIMS should assist the family in making an informed decision rather than unilaterally opposing the procedure.

The current proceedings follow a previous ruling on April 24, where a bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan initially granted the 15-year-old permission to undergo the medical termination.

With inputs from PTI