Supreme Court Upholds Abortion Rights for Rape Survivors, Citing Violation of Constitution
New Delhi, Aug 21: In a landmark decision, the Supreme Court of India has granted permission for the termination of pregnancy to a 25-year-old rape survivor, stating that forcing a woman to carry a child conceived through rape is against the constitutional philosophy. The survivor, who belongs to an Adivasi community in a remote village in Gujarat, approached the apex court after being denied relief by the Gujarat High Court.
The survivor had filed a writ petition in the high court seeking permission to terminate her pregnancy at 26 weeks. However, her plea was dismissed, disregarding the opinion of a medical board which had recommended termination. Now, at 27 weeks and three days pregnant, she is nearing the third trimester.
The Supreme Court bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, criticized the high court’s decision, stating that it perpetuated unjust conditions and violated the survivor’s right to undergo pregnancy. Justice Ujjal Bhuyan emphasized the difference between consensual pregnancies and those resulting from sexual assault, highlighting the trauma endured by rape survivors.
The court acknowledged that pregnancy resulting from rape adds further distress to an already traumatic event. It stated that such pregnancies are not voluntary or mindful, causing immense physical and mental harm to the survivor. The bench noted that in Indian society, pregnancy within the institution of marriage is celebrated, while outside of marriage, especially in cases of sexual assault, it becomes a source of stress and trauma.
The Supreme Court also criticized the Gujarat High Court for its lackadaisical handling of the survivor’s plea and expressed dissatisfaction with the 12-day delay in scheduling the hearing. The bench observed that such delays were significant in cases like this where time was of the essence.
Concerned about the well-being of both the survivor and the unborn child, the court directed the state government to provide all necessary medical facilities, including an incubator and pediatric care, if the foetus survives the termination. The State assured the court that it would take full responsibility for the child.
This decision by the Supreme Court highlights the importance of prioritizing the physical and mental health of rape survivors. It recognizes that forcing a woman to continue with a pregnancy resulting from rape only exacerbates the trauma she has endured. The judgment ensures that constitutional principles of justice and compassion are upheld, providing hope for countless survivors seeking justice and relief in similar situations.
