Taking note of a rape survivor’s medical report, the Supreme Court on Monday allowed a woman to terminate her over 27-week pregnancy, observing that pregnancy outside marriage is injurious and a cause of stress, reports Live Law.
A two-judge bench comprising Justices B V Nagarathna and Ujjal Bhuyan on Monday said the Gujarat High Court was not right in rejecting the prayer for termination of pregnancy.
The apex court observed in Indian society within the institution of marriage, pregnancy is a reason for joy and celebration not only for the couple but for the family and friends.
“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.
“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, as quoted by PTI.
Further, the bench said that if the foetus is found to be alive, the hospital has been directed to provide all necessary facilities, including incubation, to ensure that it survives. The state shall then take steps to ensure the child is adopted in accordance with the law, the apex court bench directed.
In a special sitting, the top court on Saturday, expressed displeasure over the Gujarat High Court adjourning the survivor’s plea for medical termination of her pregnancy, and said “valuable time” has been lost during the pendency of the matter. “There has to be a sense of urgency in such cases and not have lackadaisical attitude in these cases,” a two-judge bench had observed.
Meanwhile, on Monday, after the bench took up the matter, the top court again criticised the Gujarat High Court, after it was informed about another order that was passed by a single judge on Saturday (August 19) after the Supreme Court had heard the matter and passed an order, Live Law reported.
‘Do not appreciate High Court’s counterblast’: Supreme Court
The Gujarat HC had seemingly attempted to clarify that the order of adjournment was granted in order to enable the counsel to get instructions from the rape survivor on whether she was willing to carry the fetus to term and hand it over to the State’s facility.
To the ‘clarificatory’ order, “Justice Nagarathna replied, “We do not appreciate the high court’s counterblast to the Supreme Court’s orders. What is happening in the High Court of Gujarat? Do judges reply like this to a superior court’s order? We do not appreciate this. These kinds of attempts are being made by high court judges to circumvent something we have said, like this. There is no need for any judge of the high court to justify its order.”
Justice Ujjal Bhuyan also expressed surprise at the ‘suo motu’ order, saying, “The view taken, I’m sorry to say, is against constitutional philosophy. How can you perpetuate unjust conditions and force the rape survivor to undergo pregnancy?”
Solicitor General of India Tushar Mehta then appeared before the Court and requested the Bench to refrain from making comments against the High Court judge.
“Please ignore what happened. Kindly do not [make adverse comments] because it really discourages high court judges. These have a demoralising effect. He is otherwise a very good judge,” Mehta said, as quoted by Live Law.
To which, Justice Nagarathna replied saying, “We are not on any particular judge. We are only concerned with the manner in which the matter was dealt with.”