Observing that pregnancy outside marriage is traumatic to physical and mental health and causes stress, the Supreme Court on Monday permitted a rape victim from Gujarat to terminate her 27-week pregnancy.
Permitting the termination of pregnancy, the bench of Justice BV Nagarathna and Justice Ujjal Bhuyan noted that as per the medical report of the victim, she is fit to terminate the pregnancy.
Referring to the medical report by a hospital in Gujarat that had examined her, the bench in its order stated, “In view of … the medical report, we permit the appellant to terminate her pregnancy. We direct her to be present in the hospital today itself or tomorrow at 09.00 am so that the procedure for termination of pregnancy can be carried out during the course of the day.”
Permitting the termination of pregnancy, Justice Nagarathna, pronouncing the order, said, “In Indian society, within the institution of marriage, pregnancy is a source of joy for the couple and the society. 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.”
The further ordered that if the foetus is found to be alive, the hospital shall give all necessary assistance, including incubation to ensure that the foetus survives. If it survives, the State shall take steps to ensure the child is adopted in accordance with the law.
On the request of victim’s lawyer for preservation of tissues of the foetus for use as DNA evidence in the rape case trial, the court asked the doctors who will carry the procedure for the termination of pregnancy to explore the feasibility of preserving tissues of the foetus, if it is possible, so that it may be handed over to the investigating agency for DNA examination in the rape case filed by the woman in the matter.
Restraining to say anything on August 19 Gujarat High Court order after the Supreme Court had passed an order in a special sitting, the top court took exception to the way the High Court had handled the matter and passed the orders.
Justice Nagarathna said: “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,”
Judges do not have to justify their orders by passing a subsequent order, Justice Bhuyan said.
Stating that “No judge can counterblast the Supreme Court’s order,” Justice Nagarathna said, “We restrain ourselves from saying anything on the High Court order dated August 19 (Saturday).”
Solicitor General Tushar Mehta requested the bench to refrain from making comments about the High Court judge.
On Saturday – August 19, the top court has held a special hearing plea of rape victim to terminate her pregnancy and had ordered her fresh medical examination.
On Saturday also, the bench had criticised the High Court rejecting the victim’s plea to terminate the pregnancy and said that in such cases, “there should be a sense of urgency” and not a “lackadaisical attitude treating it as a normal matter.”
It had noted that a lot of time was lost when the High Court was initially dealing with the matter.