SC Dismisses AIIMS' Plea Against Minor’s Abortion, Asks Centre to Revisit Abortion Law

New Delhi: TheSupreme Court on Thursday dismissed a curative petition filed by the All India Institute of Medical Sciences, New Delhi, filed against the top court's order permitting termination of the pregnancy of a minor girl. The top court, however, allowed the AIIMS doctors to counsel the minor and her father. Pulling up the Centre, the apex court asked it to amend laws in case of pregnancy due to rape. Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard the petition. Additional Solicitor General Aishwarya Bhati appeared on behalf of AIIMS. She submitted that clinical evidence of the risks of late-stage abortions to oppose the court’s 24 April order. "AIIMS has flagged the possibility of the foetus being born prematurely and also

warned that the move would not only violate the law, which prohibits termination of pregnancy after 24 weeks, but would also impact the constitutional rights of an unborn child," Bhati told the court.While responding to Bhati's arguments, Chief Justice of India Surya Kant said, "Unwanted pregnancy cannot be thrust upon." The CJI also pointed out that the unwanted pregnancy was a result of a rape.

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When the ASG told the top court that the termination of pregnancy is not possible, the CJI asked the medical institute to discuss the matter with the minor mother and family. Bhati told the top court that after 24 weeks, foetus becomes viable and life is possible. When ASG Bhati told the court about why the 24-week deadline to abort pregnancy is in force, Justice Baghchi said, "We know...you don't have to show." The ethos of specialized knowledge of medical professionals cannot become the master of the will of people. Doctors cannot decide for patients. Even judges have to act as per procedure."Also Read: 'Punishment Is Legislature's Call': Supreme Court's Clear Message On Hate Speech Laws Justice Baghchi told AIIMS that if any curative petition has to come, it should come from the survivor and her family and not from AIIMS. The SC bench also interacted with the doctors from AIIMS on the request of the ASG and discussed the matter.On April 24, a bench of Justices B V Nagarathna and Ujjal Bhuyan allowed the minor girl to terminate her pregnancy. On Wednesday, the top court also dismissed AIIMs' review petition in the matter.