SC dismisses AIIMS review petition against its order to terminate 15-year-old’s pregnancy

The bench had said that “the right to make decisions concerning one’s body particularly in matters of reproduction is an integral facet of personal liberty and privacy under Article 21 of the Constitution. The right cannot be rendered ineffective by imposing unreasonable restrictions especially in cases involving minors and unwanted pregnancies such as in the instant case.”

“What is relevant here is the choice of the pregnant woman rather than that of the child to be born,” the court had said, adding that a woman cannot be compelled to have a child against her wishes.

The mother of the minor girl had approached the court seeking permission for MTP as it had crossed the statutory limit set by the Medical Termination of Pregnancy Act. Though she moved the Delhi High Court earlier, the request for MTP was rejected on April 21.

Seeking review of the April 24 order, AIIMS said the medical board had carried out a fresh assessment of the minor on April 25.

Highlighting “grave legal and ethical implications” in the matter, the review petition said, “the Medical Board has unambiguously opined that at the current stage of gestation, the termination of the pregnancy of Minor ‘N’ will not be a conventional abortion but will result in a preterm delivery of a viable fetus — one that has a fair chance of survival. The Court’s order proceeds on the premise of termination of pregnancy; however, the medical reality, as disclosed by the post-order assessment, is that a living, viable child will be prematurely delivered into the world.”

It added that the “Medical Board has specifically warned that the prematurely delivered neonate will require a prolonged stay in the Neonatal Intensive Care Unit (NICU) with life and organ support, and that the child faces a high risk of significant and permanent long-term disabilities including blindness, deafness, and neurodevelopmental delay. AIIMS would thus be knowingly delivering a fetus with a high chance of lifelong disability”.

AIIMS said “the Medical Board has advised that if the pregnancy is allowed to continue for another six weeks, the outcome for the child will be significantly better”.

It also flagged risks for the minor in the long run saying, “induction and preterm delivery will carry a higher likelihood of cesarean section, increasing future childbearing risks for Minor ‘N’”.