The Supreme Court of India on Thursday urged the central government to consider amending the Medical Termination of Pregnancy (MTP) Act to allow rape survivors to terminate unwanted pregnancies beyond the current 20-week limit. The bench, comprising Justices B.V. Nagarathna and Ujjal Bhuyan, made the observation while hearing a plea by the All India Institute of Medical Sciences (AIIMS) seeking to set aside a court order permitting a 14-year-old rape survivor to abort at 24 weeks.
βImagine the pain, humiliation, and trauma that a rape survivor goes through. The law should be more compassionate,β the court remarked, as per Live Law. The court noted that the current 20-week ceiling under the MTP Act does not adequately address the needs of rape victims, who often face delays in reporting due to fear or social stigma.
The case involves a minor from Haryana who was raped and became pregnant. AIIMS had challenged the court's earlier order allowing the termination, citing medical risks. However, the Supreme Court upheld its decision, emphasizing the survivor's mental health and right to bodily autonomy. The court directed the Centre to file a response on the broader policy issue within four weeks.
This development comes amid ongoing debates over reproductive rights in India. The MTP (Amendment) Act, 2021, increased the upper limit for abortion from 20 to 24 weeks for certain categories, including rape survivors, but requires approval from a medical board. Activists argue that bureaucratic hurdles often delay access.
