Supreme Court Pulls Up AIIMS Over Plea Against Abortion for Minor Rape Survivor, Urges Rethink of Legal Time Limits

April 30, 2026 : The Supreme Court of India on Thursday strongly objected to a plea filed by All India Institute of Medical Sciences seeking to set aside its earlier order permitting a 15-year-old rape survivor to medically terminate her 30-week pregnancy.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi observed that the case involved child rape and warned that forcing the survivor to continue the pregnancy could result in lifelong psychological trauma.

The court made it clear that if the minor does not face any permanent medical disability from the procedure, termination should be allowed. It also directed AIIMS to provide proper counselling to the survivor’s parents, emphasizing the sensitive nature of the situation.

At a broader level, the bench urged the Centre to consider revisiting the legal framework governing medical termination of pregnancy. It observed that in cases arising from rape, rigid gestational limits may not be appropriate and that the law must evolve with changing societal realities.

The court underscored that the final decision must ultimately rest with the person concerned, reinforcing the importance of autonomy in such deeply personal matters.