“AIIMS Cannot Decide For The Girl”: Supreme Court Upholds Minor’s Autonomy

In a significant development, the Supreme Court of India refused to entertain a curative petition filed by All India Institute of Medical Sciences against the termination of a 30-week pregnancy of a 15-year-old rape survivor. The Court firmly reiterated that the final decision rests with the minor and her family.

The bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi made it clear that a medical institution cannot override the autonomy of the patient. The Court emphasised that reproductive choices must remain with the woman, especially in sensitive cases involving minors and sexual violence.

Earlier, a two-judge bench of the Supreme Court had permitted the termination of the pregnancy and directed AIIMS to carry out the procedure. The hospital had first filed a review petition, which was dismissed, and later approached the Court through a curative plea. However, the Court declined to consider it.

During the hearing, the Court observed that forcing a minor rape survivor to continue an unwanted pregnancy would cause severe emotional and psychological harm. The Chief Justice remarked, “Unwanted pregnancies cannot be burdened on the woman,” underlining the importance of individual choice and dignity.

The Additional Solicitor General argued that the foetus, being 30 weeks old, had a high chance of survival if the pregnancy continued for a few more weeks. It was also submitted that termination at this stage could pose health risks to the minor. However, the Court was not persuaded by these submissions.

Justice Bagchi noted that if any curative petition had to be filed, it should come from the affected individual or her family, not from the hospital. He stated that AIIMS is responsible for providing medical care and information, not for making decisions on behalf of patients. The Court further directed that all medical data and reports should be shared with the girl and her family to help them make an informed choice.

The bench also highlighted the limitations under the Medical Termination of Pregnancy Act, particularly the 24-week cap. It suggested that the law should be reconsidered in cases involving minor rape victims, as delays in reporting and recognising pregnancy often prevent timely access to legal remedies.

Additionally, the Court stressed the need for faster trials in child rape cases. It observed that victims often face delays in seeking help due to stigma and fear, which further complicates their situation.

While the Court permitted AIIMS doctors to counsel the minor and her family, it refused to allow the hospital to return to the Court with further pleas. The decision reinforces the principle that medical advice must support, not substitute, the patient’s autonomy.