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SUPREME COURT OF INDIA
DEEPAK MISRA, AMITAVA ROY, A.M. KHANWILKAR, JJ.
Murugan Nayakkar – Appellant
Versus
Union Of India & Ors. - Respondents
Writ Petition(s)(Civil) No(s). 749 of 2017
Decided on : 06-09-2017
Pregnancy Termination - Minor - The court allowed the termination of pregnancy for a 13-year-old victim of alleged rape and sexual abuse based on the opinion of the Medical Board and considering the trauma and agony suffered by the petitioner.
Fact of the Case:
The petitioner, a 13-year-old victim of alleged rape and sexual abuse, sought termination of her pregnancy. The Medical Board recommended termination due to the risks to the mother and complications for the preterm baby.
Finding of the Court:
The court allowed the termination of pregnancy based on the trauma suffered by the petitioner, the opinion of the Medical Board, and the risks involved in continuing the pregnancy.
Issues: Termination of pregnancy for a minor victim of sexual abuse
Ratio Decidendi: The decision was based on the trauma suffered by the petitioner, the opinion of the Medical Board, and the risks involved in continuing the pregnancy.
Final Decision: The court directed the petitioner to undergo termination of pregnancy at a specified hospital, and the writ petition was disposed of with no order as to costs.
ORDER :
1. The petitioner who is a 13 years old girl and a victim of alleged rape and sexual abuse, has preferred this writ petition for termination of her pregnancy. When the matter was listed on 28.8.2017, this Court has directed constitution of a Medical Board at Sir J.J. Group of Hospitals, Mumbai. Be it noted, this Court had also mentioned the composition of the team of doctors. The petitioner has appeared before the Medical Board on 1.9.2017 and the Medical Board that has been constituted by the order of this Court expressed the opinion that the termination of pregnancy should be carried out. That apart, it has also been opined that termination of pregnancy at this stage or delivery at term will have equal risks to the mother. The Board has also expressed the view that the baby born will be preterm and will have its own complications and would require Neonatal Intensive Care Unit (N.I.C.U.) admission.
2. We have heard Ms. Sneha Mukherjee, learned counsel appearing for the petitioner, Mr. Ranjit Kumar, learned Solicitor General appearing for the Union of India and Mr. Nishant R. Katneshwarkar, learned standing counsel for the State of Maharashtra.
3. Considering the age of the petitioner, the trauma she has suffered because of the sexual abuse and the agony she is going through at present and above all the report of the Medical Board constituted by this Court, we think it appropriate that termination of pregnancy should be allowed.
4. In view of the aforesaid premise, we direct the petitioner to remain present at the Sir J.J. Group of Hospitals, Mumbai in the evening of 7.9.2017 so that the termination of pregnancy can be carried out preferably on 8.9.2017. Mr. Nishant R. Katneshwarkar shall apprise the Dean of Sir J.J. Group of Hospitals, Mumbai so that he/she can make necessary arrangements for termination of the pregnancy.
5. A copy of the order passed today be handed over to learned counsel for the petitioner and Mr. Nishant R. Katneshwarkar, learned standing counsel for the State of Maharashtra.
6. The writ petition is accordingly disposed of. There shall be no order as to costs.
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