The Supreme Court dismissed a curative petition filed by AIIMS against its earlier order permitting termination of a minor girl’s 27-week pregnancy, stressing the importance of counselling over legal restrictions.
Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard the petition and allowed AIIMS doctors to counsel the minor and her father. The bench reminded the Centre that unwanted pregnancy cannot be forced upon survivors, particularly in cases of rape, and urged lawmakers to revisit abortion laws.
Additional Solicitor General Aishwarya Bhati, representing AIIMS, argued that late-stage abortion risks violate the 24-week legal limit and impact the constitutional rights of an unborn child. She highlighted medical concerns about premature birth. The bench responded firmly, stating that medical expertise cannot override the will of the survivor and her family.
Justice Bagchi emphasised that curative petitions should come from survivors or their families, not institutions. The court reiterated that doctors cannot decide for patients and judges must act within legal procedure.
On April 24, Justices B V Nagarathna and Ujjal Bhuyan had permitted the minor to terminate her pregnancy. The Supreme Court also dismissed AIIMS’ review petition earlier this week, reinforcing its stance on prioritising survivor rights.
