The Supreme Court on Monday observed that cases of unwanted pregnancy, particularly among minors, are increasing and stressed the need to amend the law regulating termination of pregnancy to address such situations. The court dropped contempt proceedings against the AIIMS director and the health secretary after being informed that its order for terminating the pregnancy of a 15-year-old girl had been complied with, resulting in the delivery of a premature baby through labour induction.
Court's Observations
A bench of Justices B V Nagarathna and Ujjal Bhuyan remarked, "It's not easy for us here. There is nobody who is winning and nobody is losing this. But then we have to take a decision without emotion." The court had issued a notice on a contempt petition after AIIMS initially showed reluctance to comply with its order and sought a review.
Arguments Presented
Additional Solicitor General Aishwarya Bhati, representing AIIMS, argued that the rights of the unborn child should also be considered and expressed hope that the court would one day examine and recognize that aspect. She informed the bench that a baby boy was born on May 2, and both the minor mother and the child were safe and healthy. The mother was expected to be discharged soon.
Contempt Proceedings Dropped
The court stated, "We do not find any reason to consider this contempt petition any further. Hence, the contempt proceedings against the respondents are dropped." The male neonate, born after 29 weeks and two days of gestation, weighed 1,380 grams at birth. He was initially stable and did not require active resuscitation but was shifted to the NICU at AIIMS for specialized care.
Need for Legal Amendment
On the issue of amending the law to handle unwanted pregnancies involving minors, the Supreme Court noted that such pregnancies often surpass the statutory period by the time the family becomes aware, leaving them with no option but to approach the judiciary. The court warned that if termination is not allowed, families might turn to unqualified practitioners, endangering the minor's life.
The bench observed, "This tendency nowadays in society of these unwanted pregnancies is on the rise. They don't inform parents on time. By the time a decision is taken in the family, it would be 7 months. It is very difficult... There is a lacuna in the law or tendency in society. Somebody has to answer it."
Response from ASG
The ASG responded by emphasizing the need to spread awareness about sex education and highlighted that the statutory limit had already been extended to 24 weeks by a 2021 amendment.
