Supreme Court allows rape survivor to terminate pregnancy
Top court observes that pregnancy outside marriage is injurious, especially in cases of sexual assault or abuse and that it can be a cause of stress and trauma
In a significant judgement, the Supreme Court on Monday (August 21) allowed a rape survivor to undergo medical termination of her over 27-week pregnancy pointing out that pregnancy outside marriage is 'injurious, particularly in cases of sexual assault or abuse'. When the pregnancy is not voluntary or mindful, it can be a cause of stress and trauma, observed the Supreme Court bench.
Giving permission for the appellant to terminate her pregnancy after taking note of the survivor's medical report, the SC bench of Justices B V Nagarathna and Ujjal Bhuyan diected her to be present at the hospital tomorrow for the procedure of terminating her procedure to be carried out.
The bench also criticised the Gujarat high court for rejecting the appellant's prayer for termination of pregnancy and wasting 'valuable time'.
The top court said 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.
The apex court said if the foetus is found to be alive, the hospital shall give all necessary assistance, including incubation to ensure the foetus survives. If it survives, the State shall take steps to ensure the child is adopted in accordance with the law, it said.
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.
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.
(With inputs from agencies)