The Supreme Court on Thursday indicated that the statutory framework governing medical termination of pregnancy requires reconsideration, particularly in cases involving minor survivors of rape. The top court also suggested that rigid gestational limits may not be appropriate in such circumstances.

A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi was dealing with a curative petition moved by the All India Institute of Medical Sciences (AIIMS), New Delhi, challenging an earlier direction of a two-judge Bench permitting termination of a 30-week pregnancy of a 15-year-old girl.

Appearing for the Centre, Additional Solicitor General Aishwarya Bhati pointed out that the pregnancy had crossed the 24-week statutory ceiling.

"Please amend your law so that in cases of unwanted pregnancy on account of rape of a minor girl, the time limitation will not be there," the Chief Justice said, pointing out the need for legislative intervention.

The Bench noted that minor survivors often realise or report pregnancies belatedly, by which time statutory deadlines may have expired. It also acknowledged the hesitation many victims face in disclosing sexual abuse, cautioning that legal remedies should not be rendered unavailable in such situations.

The Chief Justice further remarked that cases involving sexual offences against children must be taken up for expedited trial.

During the proceedings, the Bench clarified that statutory gestational limits are binding on medical practitioners, but do not constrain constitutional courts exercising powers under Article 142.

Declining to entertain AIIMS’ plea, the Court held that a medical institution cannot override the autonomy of the minor, emphasising that the decision to continue or terminate the pregnancy rests with her.

The Medical Termination of Pregnancy Act, last amended in 2021, prescribes a general upper limit of 20 weeks for termination. This may extend up to 24 weeks for certain categories, including survivors of rape or sexual assault, minors, women facing a change in marital status, those with disabilities or mental illness, and cases involving substantial foetal abnormalities, among others and with the opinion of two registered medical practitioners.

Beyond 24 weeks, termination is permissible only where it is immediately necessary to save the life of the woman or in instances of significant foetal abnormalities diagnosed by a state-level Medical Board.

In A (Mother of X) v. State of Maharashtra (2024), the Supreme Court had earlier flagged concerns over the absence of flexibility in the law for minor survivors of rape and incest, particularly when compared with exceptions carved out for foetal abnormalities.