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Both SG Tushar Mehta and ASG Aishwarya Bhati have been regularly opposing abortions for minor rape victims and for minor unwanted pregnancies. They have been calling it murder. While abortion must be considered carefully, Tushar Mehta and Aishwarya Bhati's approach is incorrect and imposes their ideological views on minor rape victims who are forced to complete pregnancies, deliver babies, and hand them over for adoption. Justice Nagarathna in this case asked the right questions on 24 April 2026.
Update - So Justice Nagarathna allowed the abortion. That is the right decision in case of a minor rape victim.
I recall a case before Delhi High Court Chief Justice Upadhyaya and Justice Anish Dayal in July/ August 2025. A minor rape victim wanted to abort. The Court was initially inclined to allow and doctors initially agreed.
ASG Aishwarya Bhati intervened, and a revised medial report was filed by the doctors stating that abortion would involve two procedures, first to deliver child, and second to kill it. And the Court was encouraged to call this murder. The Chief Justice questioned the Petitioner's Counsel saying she was asking them to direct murder. The result was that the abortion was denied. And the minor was offered free medical support for 5 years including for her psychological welfare. While the case was being heard, the minor was essentially in police custody in hospital, to prevent any unauthorised abortion. The High Court decision in that case failed the minor rape victim. Forcing a rape victim to deliver a child is unconstitutional and violative of her human rights. And compelling an adoption of an unwanted rape conceived child by a minor has its own life long trauma. Aishwarya Bhati also got the doctors to say that the abortion posed medical risks to the minor as it could potentially cause life long damage to reproductive abilities. The doctors were never asked to state that these risks were minor. Am glad that Justice Nagarathna has clarified the law.
https://lawbeat.in/news-updates/delhi-hc-modifies-single-judges-order-on-abortion-of-minor-rape-survivor-after-aiims-objection-1500611
https://timesofindia.indiatimes.com/city/delhi/delhi-high-court-delays-abortion-for-rape-survivor-until-fetus-reaches-thirty-four-weeks-gestation/articleshow/122233772.cms