No time limit for rape survivors: SC rebukes Centre over plea against teen pregnancy termination
The court also urged the government to change existing laws that put a clock in cases pertaining to sexual assault.
PTC News Desk: The Supreme Court on Thursday came down heavily on Centre for its plea against an earlier order to terminate the 31-week pregnancy of a 15-year-old girl who had been raped.
The court also urged the government to change existing laws that put a clock in such cases. "When there is a pregnancy due to rape, there should not be time limit. Law needs to be organic and in sync with evolving time," the court said.
A bench comprising Chief Justice Surya Kant and Justice Joymala Bagchi said that the child has to bear lifelong scar and trauma if termination is not permitted. The top court said if the mother does not have permanent disability then it should be carried out.
"Nothing can compensate the agony she (the child) suffered after the rape," Chief Justice Surya Kant thundered this morning as he rebuked Additional Solicitor General Aishwarya Bhati. "Give respect to citizens, madam," he told the government's lawyer, "You have no locus to challenge (the court's termination order)... only the victim or her family can challenge."
The All India Institute of Medical Sciences had moved a curative plea in the Supreme Court against its earlier order directing termination of 15-year-old's pregnancy at 31-week. AIIMS further told the court that terminating pregnancy at such an advanced stage could have life-long implications both physically and psychologically.
"We respect individual choices and so should you…" Justice Joymalya Bagchi said, ticking the government off for pressing its curative petition. "Show data (about possible health issues) to the parents and, if they choose to keep it (the foetus), then so be it. But if they think their child's mental health is in jeopardy… they will take a call. Then please do not press your curative," the bench noted.
"Let us not make this a fight between the state and its citizens. Bring in a psychiatrist and counsellor (to help the girl and her family). Let us not choose for people capable of choosing," it added further.