SC Allows Rape Victim To Terminate Pregnancy, Chides Gujarat HC

The Supreme Court has permitted a rape victim to terminate her pregnancy and came down heavily on the Gujarat High Court which had rejected the plea of the victim.

The Supreme Court has permitted a rape victim to terminate her pregnancy and came down heavily on the Gujarat High Court which had rejected the plea of the victim.

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The Supreme Court has allowed a rape victim from Gujarat to terminate her pregnancy. The court observed that in Indian society, within the institution of marriage, pregnancy is a source of joy for a couple and society. However, outside marriage, it has effects on the mental health of a woman when it is unwanted.

 

"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," the court observed.

 

After considering the medical report of the victim, a bench of Justices BV Nagarathna and Ujjal Bhuyan said the Gujarat High Court's decision to reject the plea of to terminate the pregnancy was not right.

"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 Supreme 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, reported news agency PTI.

In a special sitting held on Saturday, the Supreme Court expressed displeasure over the high court's decision to adjourn the survivor's plea seeking termination of pregnancy, saying "valuable time" was lost during the pendency of the matter.

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.

Earlier, the court had criticised the Gujarat High Court for rejecting the victim’s plea to terminate the pregnancy and said in that in such cases, "there should be a sense of urgency" and not a "lackadaisical attitude treating it as a normal matter".