ABORTION LAW REFORM FOR MINOR RAPE SURVIVORS

NEWS: Supreme Court dismissed a curative petition against terminating a 15-year-old rape survivor’s 30-week pregnancy.

Key Directives and Observations

• Supreme Court urgedà Amending the Medical Termination of Pregnancy (MTP) Act to remove abortion limits for minor rape survivors.
• The Court reaffirmed reproductive autonomy, bodily integrity, and dignity under Article 21, ruling that the State cannot force motherhood.
• The bench held abortion lawà Should evolve as delayed discovery and survivor trauma outweigh foetal viability objections.

Legal Framework for Minor Abortion in India

• MTP (Amendment) Act, 2021à Allows abortion up to 24 weeks for minors and rape survivors, requiring written guardian consent under Section 3(4)(a).
• After 24 weeksà abortion is permitted for significant foetal abnormalities certified by a Medical Board.
• POCSO Actà Section 19 of the Act mandates reporting a minor pregnancy to the police, initiating an automatic criminal investigation.
• The Supreme Court invokesà Article 142 when statutory limits prevent relief in late-term survivor pregnancies.

Key Judicial Precedents on Abortion of Minors

• Murugan Nayakkar v. Union of India (2017)à Permitted abortion for a 13-year-old rape survivor, prioritising the survivor’s trauma over foetal viability.
• X v. Principal Secretary, Health, Delhi (2022)à Protected minors’ privacy by limiting identity disclosure during abortion-linked POCSO reporting.
• Medical Boardà S v. State of Haryana (2024) prioritised survivor age and psychological condition over foetal health alone.