30 April 2026
Supreme Court calls for amendment in law on termination of pregnancy for minor rape victims
India’s top court on Thursday said the law governing abortion in the country should be amended to remove the time limit for legal termination of pregnancy in cases of rape of minor girls.
The Supreme Court made this observation while hearing a petition seeking to quash the earlier order of the court which had allowed a 15-year-old girl to medically terminate her 30-week pregnancy.
This petition was filed by the All India Institute of Medical Sciences (AIIMS).
In India, abortion can be legally performed up to 20 weeks and up to 24 weeks for specific categories, including minors and rape survivors.
On Wednesday, the court had rejected the review petition filed by AIIMS.
A bench of Justices BV Nagarathna and Ujjal Bhuyan said, “It is strange that the review petitioner-All India Institute of Medical Sciences (AIIMS) is not inclined to comply with the order of the Supreme Court and instead, is attacking the order of this court to abridge the constitutional rights of the minor daughter of the appellant.”
AIIMS then filed a curative petition as a last resort challenging the order, which was heard by Chief Justice of India Surya Kant and Justice Joymalya Bagchi on Thursday.
The court refused to consider the petition.
According to the legal news website, the Chief Justice of India said, “Please amend your law so that there is no time limit in cases of unwanted pregnancy due to rape of a minor girl.” live law.
The bench said that by the time the minor victim realizes the development of the pregnancy and becomes aware of legal recourse, the time limit has passed. live law Informed.
According to a report, the court also said that the right to decide should rest with the minor and his parents, and not the state or medical institutions. Bar and bench.