New Delhi: The Supreme Court on Thursday criticised the government for filing curative petition against an earlier order to terminate the 31-week pregnancy of a 15-year-old girl who had been raped.
The top court urged the government to respect individual choices, including those of the girl and her family in this case.
‘Nothing can compensate agony she suffered after rape’
The court also asked the government to change existing laws that put a clock in such cases. “When there is a pregnancy due to rape, there should not be time limit. Law needs to be organic and in sync with evolving time,” the top court said.
“Nothing can compensate the agony she (the child) suffered after the rape,” Chief Justice Surya Kant said as he pulled up Additional Solicitor General Aishwarya Bhati.
CJI told the government layer: “Give respect to citizens, madam. You have no locus to challenge (the court’s termination order)… only the victim or her family can challenge.”
Justice Joymalya Bagchi said: “We respect individual choices and so should you…” He added: “Show data (about possible health issues) to the parents and, if they choose to keep it (the foetus), then so be it. But if they think their child’s mental health is in jeopardy… they will take a call. Then please do not press your curative.”
“Let us not make this a fight between the state and its citizens. Bring in a psychiatrist and counsellor (to help the girl and her family). Let us not choose for people capable of choosing.”
Bhati was reprimanded when she argued that termination of the pregnancy was not possible at this stage. She maintained that the only option for the girl was to deliver the baby and give the child up for adoption.
During the hearing earlier, Bhati said: “With profound pain we have to mention this curative. This is from AIIMS (i.e., the All India Institute of Medical Sciences). Termination of pregnancy is not possible. It will be a live baby with severe deformities… minor mother will have life-long health issues.” She pointed out: This option — deliver and give up the baby — is “in the best interest of the child”.
‘Law has to be ruthless if justice so demands’
But the CJI said: “This is a case of child rape… victim will have life-long scar and trauma. And even if she has a complicated marital life later, is this pain more or that?”
“There are good doctors at AIIMS… they can ensure the safety of the girl… just imagine the degree of agony in the child’s mind – every minute she is carrying the foetus! If it was an adult woman things might have been different but this is unwanted pregnancy of a 15-year-old child.”
He added: “If it has become a fight between a child and foetus, then the child should be allowed to live with dignity. Law has to be ruthless if justice so demands!”
The court underlined: “This is the age when she should have her own aspirations… ambitions. But we want her to become a mother? She has undergone so much pain and humiliation…”