Now Reading: Supreme Court closes plea for separate medical boards in rape pregnancy cases
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Supreme Court closes plea for separate medical boards in rape pregnancy cases
Supreme Court closes plea for separate medical boards in rape pregnancy cases
The Supreme Court has disposed of a 2021 petition seeking separate medical boards in every state to decide on terminating pregnancies beyond 20 weeks in cases of rape by blood relatives. The…
The Supreme Court has disposed of a 2021 petition seeking separate medical boards in every state to decide on terminating pregnancies beyond 20 weeks in cases of rape by blood relatives. The petition was filed for a 14-year-old rape victim and sought a direction to the Union to frame guidelines for such boards, noting the heightened risk of fetal abnormalities in incestuous rape.
During the hearing, the court was informed by Additional Solicitor General Aishwarya Bhati that the Medical Termination of Pregnancy Act and related rules were amended in 2021 after notice was issued. The bench, led by CJI Surya Kant, observed that the amendments appear to address the prayer, but added that whether they are effective or victims still face hardship must be decided case by case.
The court gave the petitioner liberty to file a fresh petition if an aggrieved person comes to notice. The case was filed by advocate VK Biju, who argued the issue was critical for SC/ST communities, the poor, and the illiterate.
Indian Opinion Analysis
The 2021 amendments to the MTP Act raised the upper gestation limit for termination from 20 to 24 weeks for certain categories, including rape survivors, but did not mandate separate medical boards for incest cases. This leaves victims dependent on existing state-level medical boards, which may lack specific expertise on fetal abnormalities linked to consanguineous rape. The real test will be whether a fresh petition brings evidence that the amended rules are still failing vulnerable victims, especially in rural areas where access to specialised boards is limited. Watch for a new petition or a government circular specifying protocols for such cases.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
