Supreme Court Rejects AIIMS Curative Petition, Permits Counseling for 15‑Year‑Old Rape Victim

Overview The Supreme Court on 30 April 2026 declined to entertain a curative petition filed by AIIMS against an earlier order allowing termination of a 30‑week pregnancy of a 15‑year‑old rape victim. The Court, however, directed AIIMS doctors to counsel the minor and her family, share all medical reports, and let them decide whether to continue the pregnancy or opt for abortion. Key Developments The two‑judge bench (Justices Surya Kant and Joymalya Bagchi) refused the curative petition, emphasizing that the decision rests with the girl and her family. The earlier bench (Justices BV Nagarathna and Ujjal Bhuyan) had ordered the termination and dismissed AIIMS’s review petition, calling AIIMS’s resistance “strange”. Additional Solicitor General Aishwarya Bhati pleaded for a four‑week extension, citing the viability of the foetus and potential health risks to the minor. The Court highlighted that the statutory limit of 24 weeks under the Medical Termination of Pregnancy Act should not bar a minor rape victim from seeking relief after the statutory window lapses. Both justices stressed that the Court can invoke Article 142 to ensure “complete justice” in such sensitive cases. Important Facts • The pregnancy resulted from a documented case of child rape; the accused is also a minor. • AIIMS doctors testified that the foetus has a high chance of surviving, but post‑natal complications could be severe. • The Court reiterated that “unwanted pregnancies cannot be burdened on the woman”, and that the minor must be allowed an informed choice. UPSC Relevance The case touches upon several core UPSC themes: constitutional jurisprudence (role of Supreme Court and its extraordinary powers under Article 142 ), health‑policy implications of the MTP Act , and the protection of minors under criminal law. Understanding the balance between statutory limits and the doctrine of “complete justice” is essential for GS 2 (Polity) and GS 3 (Health) questions. Way Forward Legislative amendment of the MTP Act to incorporate a specific exemption for victims of child rape, removing the 24‑week ceiling. Strengthening fast‑track courts for sexual assault cases to prevent procedural delays that can render statutory remedies ineffective. Ensuring that medical institutions like AIIMS focus on counseling rather than legal contestation, thereby upholding the rights of the victim. Creating clear guidelines for the use of curative petitions in sensitive health‑related matters, to avoid procedural misuse.