In an urgent hearing post 4pm on Friday, the Supreme Court directed medical examination of a 14-year-old minor seeking termination of a 28-week pregnancy caused by sexual assault.
The court directed that a medical board be set up by the Lokmanya Tilak Municipal General Hospital, Sion, and examine the minor on Saturday, and apprise the Court of the “mental and physical well being” in case of carrying the pregnancy to the full term.
A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala was hearing a plea filed by the girl’s mother challenging the April 4 order of the Bombay High Court refusing permission to undergo Medical Termination of Pregnancy.
Her advocates, Shantanu Adkar, Ashley Kusher and Bharti Tyagi, submitted that the minor was allegedly subjected to sexual assault and FIR was registered on March 20 by Turbhe police under various sections of the Indian Penal Code and POCSO.
The apex court noted that medical report relied upon by the High Court failed to evaluate the physical and mental status of the minor victim, specifically in light of the context of the alleged sexual assault.
ASG Aishwarya Bhati appeared for the state of Maharashtra to assist the court in the present matter.
“From the material placed on record, a striking feature emerges before this court is that prima facie, the medical report doesn't contain an evaluation of the physical and mental status of minor particularly having regard to the background leading to pregnancy, including the alleged sexual assault,” the bench said.
The court added, “Moreover it is necessary for the Court to be apprised of whether the carrying of the of the pregnancy of the minor would impact the mental well-being of the minor who is barely 14 yrs old. The Medical Board shall also opine on whether a termination of the pregnancy can be carried out at this stage without any threat to the life of the minor.”
The SC has directed that the medical examination be submitted to it on April 22.
