NEW DELHI: Noting that cases of unwanted pregnancy, particularly involving minors, are on the rise, Supreme Court on Monday said the law regulating termination of pregnancy needs to be amended to deal with them and dropped contempt proceedings against AIIMS director and health secretary after being informed that its order for termination of the pregnancy of a 15-year-old girl had been complied with and a premature baby was delivered through labour induction, reports AmitAnand Choudhary.A bench of Justices B V Nagarathna and Ujjal Bhuyan said, “It’s not easy for us here. There is nobody who is winning and nobody is losing this. But then we have to take a decision without emotion.”The court had issued notice on a contempt petition after AIIMS, which was asked to carry out the process, showed reluctance to comply with its order and instead sought review of the same.Additional solicitor general Aishwarya Bhati, appearing for AIIMS, however, said that rights of the unborn child too should be considered and hoped that the court would one day examine and recognise that aspect.
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ASG submitted that a baby boy was born on May 2, and both the minor mother and the child were safe and healthy. The mother would soon be discharged from hospital.The court then said, “We do not find any reason to consider this contempt petition any further. Hence, the contempt proceedings against the respondents are dropped.” The male neonate, born after 29 weeks and two days of gestation, weighed 1,380 grams at birth. He was initially stable and did not require active resuscitation but was shifted to NICU at AIIMS for specialised care. On need to amend the law to deal with cases of unwanted pregnancy involving minors, the SC said such pregnancy is often beyond the statutory period by the time the family comes to know of it, leaving the family with no option but to approach judiciary. The court said that if termination is not allowed, then the family could go to quacks, putting the life of a minor in danger.“This tendency nowadays in society of these unwanted pregnancies is on the rise. They don’t inform parents on time. By the time a decision is taken in the family, it would be 7 months. It is very difficult…There is a lacuna in the law or tendency in society. Somebody has to answer it,” the bench said.The ASG responded by saying that there is need to spread awareness about sex education and highlighted that the statutory limit had already been extended by a 2021 amendment to 24 weeks.
