SC closes contempt case against Centre, AIIMS in MTP matter

The Supreme Court of India closed contempt proceedings against the Centre and All India Institute of Medical Sciences after compliance in a 30-week minor pregnancy termination case, while stressing reproductive autonomy and urging legal clarity on late-term medical termination laws

New Delhi: The Supreme Court on Monday closed contempt proceedings against the Centre and the All India Institute of Medical Sciences in a case relating to the termination of a 30-week pregnancy of a minor girl. A bench of Justices B V Nagarathna and Ujjal Bhuyan was informed by Additional Solicitor General Aishwarya Bhati that its April 24 order has been complied with.

“We do not find any reason to consider this contempt petition any further. Hence, the contempt proceedings against the respondents are dropped,” the bench said. Justice Nagarathna orally remarked that passing such a direction is not easy, but the court has to decide such matters.

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“It’s not easy for us here. There is nobody who is winning, nobody is losing this. But then we have to take a decision without emotion. I hope it doesn’t come to this again in the sense that we don’t want any more unwanted pregnancies coming for termination,” she said.

Justice Nagarathna said if AIIMS does not take the responsibility of carrying out Medical Termination of Pregnancy in such case then the woman’s life would be at risk as she would turn to unqualified doctors.

Observing that unwanted pregnancies, including those arising out of consensual relationships, were increasing, Justice Nagarathna said that in many cases the shock of the minor and the delay in informing family members leads to late decisions, after which private clinics refuse assistance and the patient ultimately approaches AIIMS.

“The tendency nowadays in society of these unwanted pregnancies is on the rise. You see what happens “They don’t inform, here the mother (of the minor girl) detected. By the time a decision is taken in the family it would be seven months. You see it is very difficult.

“The shock of the girl who is not married and is minor having become pregnant and the decision of the family what to do. Either a lacuna in the law and tendency in the society. Somebody has to answer it,” Justice Nagarathna said.

The top court was hearing a contempt petition filed by mother of a 15-year-old minor girl against AIIMS and Centre for non-compliance with its order allowing her to terminate 30 week pregnancy. A minor child cannot be forced to bear a pregnancy, the top court on April 30 said while pulling up the Centre and asking it to amend the law to permit rape survivors to terminate unwanted pregnancies even beyond 20 weeks.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi had taken strong exception to a plea by AIIMS seeking to set aside the apex court order allowing a 15-year-old girl to medically terminate her 30-week pregnancy.

Observing that the reproductive autonomy of a mother-to-be must be accorded the highest importance, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the 15-year-old to medically terminate her pregnancy of 30 weeks.

The top court also dismissed the review plea filed by AIIMS and held that medical termination of unwanted pregnancy cannot be rejected on grounds of advanced stage of pregnancy or normalcy of foetus.