New Delhi, April 30: A landmark stance on bodily autonomy, the Supreme Court has asked the Centre to amend existing laws to remove time constraints for abortion in rape cases. The bench maintained that the trauma of sexual assault should not be compounded by a legal system that forces victims to carry unwanted pregnancies to term.
The court made these remarks while hearing a challenge against its previous order allowing a 15-year-old girl to undergo medical termination of her 30-week pregnancy. The Chief Justice stated that the government should ensure no time limits exist for such cases, asserting that the law must adapt to protect the vulnerable. He also maintained that judicial trials for these matters must be expedited to spare the victim prolonged distress.
Justice Joymalya Bagchi affirmed that the decision-making power resides with the person concerned and their family, rather than the state or medical institutions. He stated that while the court has compassion for all life, including abandoned children, the primary focus in this instance must be the wellbeing of the 15-year-old victim. The bench asserted that the state should act in a “Parens Patriae” capacity by respecting the citizen’s choice and providing psychological support.
Responding to concerns raised by the Additional Solicitor General regarding the advanced stage of the pregnancy, the bench declared that the victim’s mental health and reproductive autonomy must be given the highest priority. The court affirmed that the “right to bodily autonomy” would be rendered meaningless if abortions were denied solely because a fetus is considered normal or the pregnancy is at an advanced stage.
The ruling emphasizes that quality medical counseling should be used to help families make informed choices rather than to impose the state’s will. The bench concluded that since the pregnancy was the result of a crime and was unwanted, the minor’s best interests lay in allowing the termination to proceed as previously ordered.
