The Supreme Court has taken action on a contempt petition regarding the termination of a 15-year-old minor’s pregnancy. The court warned of potential contempt charges if its previous order was not followed. The Union Health Secretary and the Director of AIIMS, New Delhi, have been summoned to appear via video conferencing on May 4 in response to the mother’s plea.
The apex court’s ruling on April 24 emphasized the importance of the minor girl’s reproductive autonomy. It overturned the Delhi High Court’s decision to deny the termination of the 28-week pregnancy. The court stressed that no woman, especially a minor, should be compelled to continue a pregnancy against her will.
In cases of unwanted pregnancy, the Supreme Court highlighted the need to prioritize the welfare of the pregnant woman over the unborn child. The court emphasized that the pregnant woman’s choice should be paramount. The bench noted that forcing the minor girl to continue the pregnancy would violate her right to live with dignity.
The AIIMS challenged the court’s ruling through a review petition, which was dismissed by the Supreme Court. The court criticized AIIMS for not complying with the order and attempting to undermine the minor daughter’s constitutional rights. The Chief Justice of India and another judge rejected AIIMS’ curative petition, emphasizing that unwanted pregnancy should not be imposed on anyone, especially a minor.
The court urged the government to consider amending the Medical Termination of Pregnancy law to eliminate gestational restrictions. It emphasized the need for the law to be updated to address situations like pregnancies resulting from rape without time limitations. The court stressed the importance of aligning the law with changing times and evolving needs.
