July 24, 2017
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The Supreme Court today issued notice to the Centre and others on a plea seeking its permission to allow a 10-year-old rape survivor to terminate her 26-week-old pregnancy.
The top court has asked the member secretary of Chandigarh Legal Services Authority to assist as an amicus curiae and get the rape survivor examined by a board of doctors on July 26.
A bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud said that a medical examination of the child was essential before taking a call on the matter and asked the medical board to examine if allowing the abortion would pose a possible threat on the child's life.
It has asked the member secretary to ensure that the rape survivor and one of her parents are accorded proper transportation facility for her examination at PGI, Chandigarh.
The court has now fixed the matter for hearing on July 28, and said the medical report be filed in a sealed cover before it and asked the counsel for the rape victim to provide her address to the member secretary instantly.
Courts allow medical termination of pregnancy up to 20 weeks under the Medical Termination of Pregnancy Act and can make an exception if the foetus is genetically abnormal.
The petition, filed by advocate Alakh Alok Srivastava, has also sought appropriate guidelines be framed by the top court to set up a permanent medical board in each district of India for expedient termination of pregnancies in exceptional cases involving child rape survivors under the best possible medical facilities.
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