The Chhattisgarh High Court held a rare winter vacation hearing to address the plea of a young rape survivor seeking a medical termination of her pregnancy. Chief Justice Ramesh Sinha, recognising the gravity of the case, constituted a special court and entrusted Justice Ravindra Kumar Agrawal with ensuring swift justice.

The court’s decisive action allowed the survivor, who is 21-22 weeks pregnant, to undergo an abortion at the Bilaspur district hospital, while also preserving critical DNA evidence to aid in the prosecution of the accused.

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The 21-year-old survivor approached the High Court after local doctors refused to perform the abortion, citing legal complexities. Left with no options, she filed a petition on December 23, pleading for judicial intervention. During the hearing on December 25, the state government presented a cursory one-page medical report prepared by the medical board, claiming the abortion was feasible.

However, Justice Agrawal expressed sharp discontent, reprimanding the medical board for its failure to conduct mandatory examinations, including blood tests, HIV screening, and sonography. “The state must ensure thorough medical evaluation in such critical cases. The survivor’s health and dignity are paramount,” the judge remarked, underscoring the negligence in adhering to established medical guidelines.

Responding to the court’s directives, the medical board revised its report and submitted a detailed assessment later in the day. Satisfied with the new findings, the High Court permitted the abortion and directed the survivor to appear at the district hospital on December 26 at 11 a.m.

In addition to approving the procedure, the court ordered the police to preserve the DNA of the fetus, a vital step to strengthen the case against the perpetrator. Justice Agrawal emphasised the importance of DNA analysis to ensure that the accused is brought to justice.

Advocate Ashish Tiwari, representing the survivor, applauded the court’s proactive stance. “This decision is a testament to the judiciary’s commitment to upholding the rights of survivors. It also sends a strong message to authorities to handle such cases with the seriousness they demand,” he said.

The High Court instructed the in-charge of Tarbahar Police, to oversee the collection and preservation of DNA evidence under the supervision of the Superintendent of Police, Bilaspur.