(Image source from: PTI)

The Supreme Court criticized the government on Thursday for its appeal to reverse an earlier decision about ending the pregnancy of a 15-year-old girl who had been raped. In an important moment for women's rights to decide about their own bodies, the court insisted that the government honor personal choices, specifically those of the young girl and her family. The court also asked the government to reform laws that impose strict deadlines in these situations. "When a pregnancy results from rape, there should be no time restrictions. Laws need to adapt and keep up with changing times," the court stated.

"Nothing can make up for the pain she (the child) experienced after the assault," Chief Justice Surya Kant expressed firmly today while addressing Additional Solicitor General Aishwarya Bhati. "Respect the citizens, madam," the court instructed the government, "You have no authority to dispute (the court's order to end the pregnancy). . . only the victim or her family has that right. " "We honor individual choices, and you should too…" Justice Joymalya Bagchi remarked, reprimanding the government for pursuing its appeal. "Provide the parents with information (about any potential health risks) and, if they decide to keep it (the foetus), then that's their choice. However, if they believe their child's mental well-being is at risk… they will make a decision. So please do not continue with your appeal. "

"Let’s avoid making this a conflict between the state and its citizens. Get a psychiatrist and a counselor involved (to support the girl and her family). We should not decide for individuals who are capable of making their own choices. " This reprimand came after Bhati argued that it is now too late to terminate the pregnancy. She mentioned that the girl's only option would be to give birth and then put the child up for adoption. Previously, Bhati informed the court: "With deep sadness, we have to present this appeal. This comes from AIIMS (the All India Institute of Medical Sciences). Ending the pregnancy is not feasible. It would result in a live baby with significant disabilities… the young mother would face long-term health complications. " She claimed that delivering and giving the baby up for adoption is "the best choice for the child".

"Only four more weeks," she mentioned. However, the Chief Justice replied, "This situation involves child rape. . . the victim will carry the effects and trauma for her whole life. And even if she faces difficult relationships in the future, which pain is worse? " "There are skilled doctors at AIIMS. . . they can protect the girl. . . just think about the level of suffering in the girl's mind - every moment she is pregnant! If it were an adult woman, things might be different, but this is an unwanted pregnancy of a 15-year-old girl. " "If it's a battle between a child and the foetus, then the child deserves to live with respect," he stated, "The law must be strict if justice calls for it! " "This is the time when she should be pursuing her own goals and dreams. But instead, we want her to be a mother? She has already faced so much pain and humiliation. . . " the court expressed angrily. Last week, the court permitted the young girl to terminate her pregnancy medically.

Justice BV Nagarathna and Justice Ujjal Bhuyan declared that forcing her to give birth would violate her basic rights and that a woman's right to make choices about her body should be held in the "highest regard". The court acknowledged her emotional suffering and the fact that she had made two suicide attempts, saying, "Forcing her to continue this pregnancy is a direct attack on her right to live with dignity. "

Representing the government, Solicitor General Tushar Mehta pointed out a medical report showing dangers to both the minor and the foetus if the pregnancy is ended at this point. He argued that the case was brought to court after the legal limit of 24 weeks for medical terminations and that late abortions involve greater risks. The petitioner argued that the pregnancy has already had a serious negative impact on her life, including her education, which could be disrupted for several months. "Every single day is extremely traumatic. . . "