‘Respect Individual Choice’: Supreme Court Slams Govt Over Plea Against Abortion for 15-Year-Old Rape Survivor

In a significant development highlighting reproductive rights, the Supreme Court of India strongly criticised the government for filing a curative plea against its earlier order permitting the termination of a 31-week pregnancy of a 15-year-old rape survivor. Calling for respect towards individual autonomy, the court emphasised that the choice must lie with the victim and her family.

The bench made sharp observations while addressing the Centre’s challenge, stressing that laws must evolve with time. “When there is a pregnancy due to rape, there should not be time limit. Law needs to be organic and in sync with evolving time,” the court said, underlining the need to revisit rigid legal frameworks governing abortion. ‘Morality and Law Have To Be Kept Apart’: Married Man’s Live-In Relationship Is No Crime, Says Allahabad High Court.

Chief Justice Surya Kant did not hold back in his criticism, stating, “Nothing can compensate the agony she (the child) suffered after the rape.” Rebuking the government’s stance, he added, “Give respect to citizens, madam… You have no locus to challenge (the court's termination order)… only the victim or her family can challenge.”

Justice Joymalya Bagchi echoed similar sentiments, urging the government to prioritise the girl’s mental and emotional well-being. “We respect individual choices and so should you… Show data (about possible health issues) to the parents and, if they choose to keep it (the foetus), then so be it. But if they think their child's mental health is in jeopardy… they will take a call. Then please do not press your curative,” he said. Bombay High Court on Abortion: HC Refuses Permission to 15-Year-Old Rape Victim To Abort 28-Week Pregnancy As Doctors Say Baby Will Be Born Alive.

The Centre, represented by Additional Solicitor General Aishwarya Bhati, argued that termination at this advanced stage was medically unsafe and suggested the minor deliver the baby and opt for adoption. “With profound pain we have to mention this curative. This is from AIIMS… Termination of pregnancy is not possible. It will be a live baby with severe deformities… minor mother will have life-long health issues,” she submitted.

However, the court remained firm, highlighting the long-term trauma faced by the survivor. “If it has become a fight between a child and foetus, then the child should be allowed to live with dignity,” the Chief Justice said, adding, “Law has to be ruthless if justice so demands!”

Earlier, the apex court had ruled that forcing the minor to continue the pregnancy would violate her fundamental rights. Observing her severe psychological distress, including suicide attempts, the bench noted, “Forcing her to continue is a direct affront to her right to live with dignity.”

The case has sparked a wider debate on reproductive autonomy, legal time limits on abortion, and the urgent need for compassionate, victim-centric policies in India.

(The above story first appeared on LatestLY on Apr 30, 2026 03:19 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).