Supreme Court disagrees with Gujarat HC’s order on rape survivor’s abortion plea, cites wasted time.

Supreme Court opposes Gujarat High Court’s order in pregnant rape survivor’s case

The Supreme Court of India, during a special sitting session on Saturday, opposed the Gujarat High Court’s order where a 26-week pregnant rape survivor sought termination of pregnancy.

Delay in the case

A bench of Justices BV Nagarathna and Ujjal Bhuyan criticized the Gujarat High Court for wasting time by adjourning the case multiple times. The petitioner had approached the high court on August 7, and the matter was taken up the next day. The high court had issued a direction on August 8 to constitute a medical board to ascertain the pregnancy status and the petitioner’s health. The medical college submitted the report on August 10. However, the report was taken on record by the high court on August 11, but the case was listed 12 days later on August 23. The Supreme Court questioned the delay and the lack of urgency in the case.

Fresh medical examination ordered

The Supreme Court has sought a response from the Gujarat government and ordered a fresh medical examination of the rape survivor. The petitioner, who is currently 27 weeks and two days pregnant, will be examined again at KMCRI hospital. The latest status report is to be submitted by Sunday evening, and the case will be further heard on Monday.

Plea under the Medical Termination of Pregnancy (MTP) Act

The petition is challenging the Gujarat High Court’s August 17 order, which rejected the request for termination of the 26-week-old pregnancy. The petitioner’s counsel has stated that the termination of pregnancy can be done as per the latest report. Under the MTP Act, the upper limit for termination of pregnancy is 24 weeks for married women and special categories, including rape survivors and vulnerable women.

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Summary:

• The Supreme Court opposes the Gujarat High Court’s order in the case of a pregnant rape survivor seeking termination of pregnancy.
• The Gujarat High Court wasted time by adjourning the case multiple times.
• The Supreme Court questions the delay and lack of urgency in the case.
• A fresh medical examination of the rape survivor is ordered, and the case will be further heard on Monday.
• The petitioner’s counsel claims that termination of pregnancy is possible as per the latest report.

Updated: 19 Aug 2023, 12:40 PM IST