The Supreme Court, in a special sitting on Saturday, expressed displeasure over the Gujarat High Court adjourning a rape victim’s plea for a medical termination of her 26-week pregnancy, saying that the court can’t have “lackadaisical attitude” in such cases, reports Bar and Bench.
A bench of Justices BV Nagarathna and Ujjal Bhuyan noted “valuable time” has been lost during the pendency of the matter.
“Why was the matter stood over to August 23? How can the Court say that report comes on August 10 and then listed 13 days later? How much valuable time was lost? … There has to be a sense of urgency in such cases and not have lackadaisical attitude in these cases,” Justice Nagarathna remarked.
The apex court was informed by the counsel for the petitioner that the 25-year-old woman had approached the high court on August 7 and the matter was taken up the next day.
“Strangely the High Court listed the case 12 days later (after medical report) on August 23, losing sight of the fact that every day, delay was crucial and great significance. We may say that the instant case the petitioner has sought for termination of pregnancy and she was 26 weeks pregnant when she approached the Court. So, valuable time was lost from August 8 to the next listing date,” the order said, as quoted by Bar and Bench.
The apex court has sought response from the Gujarat government and ordered a fresh medical examination of the rape survivor. The bench said it would take up the case as first item on August 21.
“Since valuable time is lost, a fresh report may be sought from the medical board, Bharauch. We direct the petitioner to appear before KMCRI hospital for being examined once again and latest status report may be submitted before this court by Sunday evening 6 PM. The same shall be put up before this court on Monday,” the order said.
Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for the termination of pregnancy is 24 weeks for married women, special categories including survivors of rape and other vulnerable women such as the differently-abled and minors.