Supreme Court Forms Special Bench to Urgently Hear 25-Year-Old Rape Survivor’s Abortion Case
In a noteworthy development, the Supreme Court of India has taken swift action to address the urgent appeal of a 25-year-old rape survivor seeking permission for an abortion. The apex court’s registry sprung into action immediately after the survivor filed her plea, highlighting the significance of the case. Chief Justice of India, D.Y. Chandrachud, wasted no time in constituting a Special Bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan. This Special Bench promptly convened on August 19, at 10.30 a.m., to address the matter.
During the hearing, the Bench was surprised to learn that the Gujarat High Court had already dismissed the rape survivor’s plea for termination of her pregnancy. Shockingly, the High Court had delayed its decision for nearly two weeks before rejecting her request, causing unnecessary loss of time. Justice Nagarathna expressed her dismay at this lackadaisical approach, emphasizing the urgency inherent in such cases.
It was revealed to the Bench that the High Court had not yet uploaded the order of dismissal, further adding to the complications faced by the survivor. Responding to these issues, the Supreme Court ordered a fresh medical examination to be conducted later that day. The report from this examination must be submitted to the court by August 20. The case has been listed for hearing on August 21.
Acknowledging the significance of time in such matters, the Bench directed the petitioner to undergo a new medical examination at the KMCRI hospital. The latest status report resulting from this examination is to be submitted to the court by 6 p.m. on Sunday. The Bench also instructed the Secretary General of the Supreme Court to verify whether the Gujarat High Court has uploaded the dismissal order.
It is important to note that the Medical Termination of Pregnancy (Amendment) Act, 2021 specifies an upper gestational limit of 24 weeks for the termination of pregnancy in special circumstances. These circumstances include cases involving rape survivors, victims of incest, differently-abled women, minors, and other vulnerable women. The survivor’s pregnancy has exceeded this limit, making swift action all the more crucial.
The Supreme Court’s decision to form a Special Bench demonstrates its commitment to urgently addressing this critical case. By prioritizing the survivor’s plea and pushing for a fresh medical examination, the court is taking decisive steps to ensure justice. The aim is to safeguard the physical and emotional well-being of the survivor and provide her with the necessary support during this challenging time.
The rapid response by the Supreme Court in heeding the plea of the 25-year-old rape survivor sends a strong message about the importance of timely justice in cases of this nature. It underscores the need to approach such sensitive matters with diligence and compassion. Through its swift action, the apex court is striving to balance the legal and medical aspects of the case to ensure a just and fair decision.
