The Supreme Court on Monday once again came down heavily on the Gujarat high court for the manner in which it passed an order in a rape survivor’s plea seeking an abortion. Observing that pregnancy outside marriage is injurious and a cause of stress, the Supreme Court also allowed the rape survivor to undergo medical termination of her over 27-week pregnancy.
Taking note of the survivor’s medical report, a bench of Justices BV Nagarathna and Ujjal Bhuyan said the high court was not right in rejecting the prayer for the termination of pregnancy.
“We do not appreciate the high court’s counterblast to the Supreme Court’s orders. What is happening in the high court of Gujarat? Do judges reply like this to a superior court’s order? We do not appreciate this. These kinds of attempts are being made by high court judges to circumvent something we have said, like this. There is no need for any judge of the high court to justify its order,” the court said.
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The apex court said in Indian society within the institution of marriage, pregnancy is a reason for joy and celebration not only for the couple but for the family and friends.
“In contrast, pregnancy outside marriage is injurious, particularly in cases of sexual assault or abuse and is a cause of stress and trauma affecting the physical and mental health of pregnant women. Sexual assault of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury. This is because such a pregnancy is not voluntary or mindful.
“In view of the above discussion and the medical report, we permit the appellant to terminate her pregnancy. We direct her to be present in hospital tomorrow so that procedure for termination of pregnancy can be carried out,” the bench said.
The apex court said if the foetus is found to be alive, the hospital shall give all necessary assistance, including incubation to ensure the foetus survives.
If it survives, the State shall take steps to ensure the child is adopted in accordance with the law, it said.
In a special sitting, the top court on Saturday expressed displeasure over the Gujarat high court adjourning the survivor’s plea for medical termination of her pregnancy, and said “valuable time” has been lost during the pendency of the matter.
Criticising the high court for not realising the valuable time lost in such cases, the bench led by Justice Nagarathna called for a fresh medical report of the victim by Sunday and fixed the matter for a hearing as the first case on Monday.
“Valuable time has been lost between August 11 when the medical report was placed before the high court and its order stating that the matter will be listed next on August 23…12 valuable days have been lost by the high court by postponing this case. In such cases, there must be a sense of urgency and not a lackadaisical attitude…adjourning it like a normal case,” said the bench, which also included Justice Bhuyan.
The court castigated the high court after noticing that the though the medical report dated August 10 supported the victim’s plea for safe abortion, the high court adjourned the case for August 23 when it took up the report on August 11. Later, on August 17, the high court rejected her plea without specifying the reasons or releasing its order.
Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for the termination of pregnancy is 24 weeks for married women, special categories including survivors of rape and other vulnerable women such as the differently-abled and minors.
(With inputs from PTI)
