Supreme Court Approves Termination of 27-Week Pregnancy for Rape Survivor
In a recent ruling, the Supreme Court granted permission for a rape survivor to terminate her 27-week pregnancy. The Court expressed its dissatisfaction with the Gujarat High Court for issuing a clarification order after the Supreme Court had already intervened in the matter.
The survivor, who is a minor, had been ordered by the high court to undergo a medical test. However, the Supreme Court stated that the girl should be allowed to terminate her pregnancy and instructed her to appear at a hospital in Bharuch for the procedure.
Prior to granting permission for the abortion, the Supreme Court requested a fresh medical examination of the survivor. The subsequent medical report from KMCRI Hospital confirmed that she was fit to undergo the procedure.
Justices BV Nagarathna and Ujjal Bhuyan, the bench overseeing the case, highlighted the importance of considering whether it is right for a woman to bring an unwanted child into the world. They criticized the Gujarat High Court for not allowing the survivor to terminate the pregnancy, stating that it goes against the woman’s right to bodily integrity.
The Supreme Court also criticized the Gujarat High Court for issuing a clarification order after the matter had been taken up urgently by the higher court. Justice Nagarathna expressed disappointment at the high court’s response, emphasizing that judges should not justify their orders to a superior court.
Justice Bhuyan questioned how the high court could continue to subject the rape survivor to an unjust condition and force her to proceed with the pregnancy against her will. Solicitor General of India Tushar Mehta urged the bench not to make negative comments about the high court judge, stating that comments could be discouraging.
Following the medical procedure, if it is determined that the fetus is alive, the hospital will be responsible for providing all necessary facilities, including incubation, to ensure the survival of the fetus. The state will then take appropriate steps to arrange for the child’s adoption in accordance with the law.
Advocate Sanjay Parikh, representing the applicant, requested that the court order the preservation of fetal tissues for use as DNA evidence in the rape case trial. However, the bench only agreed to direct doctors to explore the feasibility of this plea.
This case drew significant attention when the Supreme Court criticized the Gujarat High Court for its lackadaisical approach to the minor rape victim’s plea. The high court had scheduled a hearing for August 23, several days after the medical report was issued, which the Supreme Court found unacceptable.
The Supreme Court stressed the urgency of the matter and the importance of timely action. The ruling signifies a crucial step in recognizing a woman’s right to choose and provides support and justice for survivors of sexual assault.
