The Supreme Court has urged the Union government to amend the law governing abortion, saying the existing 20-week limit should be revisited, especially in pregnancies resulting from sexual assault. The court said no woman—particularly a minor—should be compelled to continue an unwanted pregnancy against her will.
The observations came while hearing a petition filed by a 15-year-old seeking permission to terminate her pregnancy. The court had earlier held that the minor’s welfare must take priority over that of the foetus, and said forcing a woman to carry an unwanted pregnancy amounts to a violation of her fundamental rights.
In the same matter, the court had directed doctors at AIIMS to assist the minor in terminating a 28-week pregnancy. AIIMS later moved a review petition, stating that the foetus had reached advanced development and that termination at that stage could harm the minor.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said laws must evolve with changing times and called for an immediate legislative amendment so such cases can be decided within a week, without repeated procedures that could retraumatise survivors. The bench also said termination can be permitted if it does not cause permanent physical harm to the mother.
During the hearing, the Additional Solicitor General appearing for AIIMS argued that termination could lead to lifelong health issues and affect future motherhood, suggesting childbirth followed by adoption. The bench rejected imposing such a course, directing that medical implications be explained to the minor and her parents, and that the final decision be left to them without coercion.
