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Remove time limit on rape victims’ MTP: SC

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The Supreme Court on Thursday asked the Centre to consider further amending the Medical Termination of Pregnancy (MTP) Act, 1971 to remove the gestational time limit for termination of pregnancy of rape victims.“Please amend your law…When there is pregnancy due to rape, there should not be a time limit…Law needs to be organic and in sync with evolving time,” a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said while dealing with the case of a 15-year-old rape victim carrying a 30-week pregnancy.Reiterating its pro-choice stand, the Bench refused to entertain a curative petition by AIIMS doctors for reconsideration of its order to terminate the minor rape victim’s 30-week pregnancy, saying it has to be the choice of the survivor and her parents. “This is a curative petition. Unwanted pregnancy cannot be thrust upon a person. Imagine! She is a child… She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this…,” the Bench noted. “If the mother (minor victim) does not have permanent disability, then it (termination of pregnancy) should be carried out,” it said.The original MTP Act, 1971 allowed termination of pregnancy up to 20 weeks on the opinion of a registered medical practitioner in case of pregnancy risk to the woman’s life, physical/mental health or foetal abnormalities. Termination of pregnancy up to 12 weeks was permitted with a doctor’s opinion and 12-20 weeks with two doctors’ opinions.However, the Act was amended in 2021 to raise the upper limit for termination of pregnancy to 24 weeks for married women, special categories, including survivors of rape and other vulnerable women such as those differently-abled and minors. In 2022, the top court extended it to unmarried women as well.In exceptional cases where the mother’s life is in danger or the foetus is abnormal, the 24-week time limit can be breached and the Supreme Court has in several cases permitted termination of pregnancy beyond the statutory period. However, the Bench on Thursday said when there’s pregnancy due to rape, there should not be a time limit.The top court’s comments came after Additional Solicitor General (ASG) Aishwarya Bhati mentioned the AIIMS doctors’ curative petition requesting reconsideration of the April 24 order, saying the termination of pregnancy was not possible. “With profound pain, we have to mention this curative. This curative is from AIIMS. Termination of pregnancy is not possible. It will be a live baby with severe deformities. The minor mother will have lifelong health issues and cannot reproduce. I am sorry I am not composed… This child can be given for adoption. It has been 30 weeks now. It is a viable life now,” Bhati said.As the ASG said AIIMS doctors should be permitted to counsel the minor and her parents, the Bench allowed it with the rider that the decision on termination of pregnancy had to be the choice of the survivor and her parents and AIIMS doctors might only help them make an informed decision.

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