Judiciary – Supreme Court Declines AIIMS Review on Minor’s Pregnancy Case
Judiciary – The Supreme Court has dismissed a review petition filed by the All India Institute of Medical Sciences (AIIMS), New Delhi, challenging its earlier decision that permitted a 15-year-old girl to terminate her 28-week pregnancy.
Court Questions AIIMS Move to Challenge Its Order
A bench comprising Justices B V Nagarathna and Ujjal Bhuyan expressed concern over AIIMS seeking a review instead of following the court’s directive. The judges remarked that it was unusual for a premier medical institution to contest a ruling aimed at safeguarding the constitutional rights of a minor.
The bench noted that such a challenge appeared to undermine the rights of the girl, particularly her autonomy and dignity. The review plea was ultimately dismissed, reaffirming the court’s earlier stance.
Fresh Legal Developments in the Case
Following the rejection, a curative petition has been filed, seeking reconsideration of the ruling. The matter is expected to be mentioned for urgent hearing before a bench led by the Chief Justice of India. Additionally, a contempt petition has also been submitted in connection with the case, indicating ongoing legal developments.
Supreme Court Emphasizes Woman’s Right to Choice
In its April 24 judgment, the Supreme Court had allowed the termination of the pregnancy, underscoring that no woman—especially a minor—should be compelled to carry an unwanted pregnancy to term. The court highlighted that such compulsion would violate her fundamental rights, including the right to live with dignity and make decisions about her own body.
The judges observed that the choice of the pregnant individual must take precedence, even in complex situations. They emphasized that denying such a choice could have severe consequences for the individual’s mental health and overall well-being.
Impact on Mental Health and Future Prospects
The bench pointed out that continuing the pregnancy could significantly affect the girl’s psychological state, education, and social life. It noted that forcing a minor into motherhood against her will may lead to long-term emotional and developmental challenges.
The court also considered reports indicating that the girl had experienced severe distress and had attempted self-harm multiple times. These factors were seen as critical in evaluating the urgency and necessity of allowing the termination.
Legal Framework and Constitutional Rights
The court reiterated that reproductive choice is a key aspect of personal liberty protected under Article 21 of the Constitution. It stated that constitutional courts must prioritize the well-being of the pregnant individual over procedural limitations in exceptional cases.
While the Medical Termination of Pregnancy Amendment Act, 2021 permits abortion up to 24 weeks under certain conditions, the court clarified that this limit should not restrict relief in cases involving serious risks to mental or physical health.
Warning Against Unsafe Alternatives
The judges also cautioned that denying access to safe medical termination could push women, particularly minors, toward unsafe and illegal procedures. Such actions could result in irreversible harm, making it essential for courts to act in the best interest of those affected.
Background of the Case
The minor had been admitted to AIIMS Delhi since April 10. Her mother approached the Supreme Court seeking permission for termination, citing her daughter’s distress and the risks associated with continuing the pregnancy.
The court’s decision aimed to protect the girl’s long-term health, autonomy, and dignity, setting an important precedent in cases involving reproductive rights and minors.