SC allows Gujarat rape survivor to terminate her 27-week pregnancy
August 21, 2023
New Delhi: The Supreme Court of India today granted permission to a pregnant woman from Bharuch, who is 27 weeks into her pregnancy, allowing her to undergo the medical termination of her pregnancy. The woman had been a victim of rape based on false marriage pretences..
A bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan approved the request made by the survivor, who was employed as a domestic helper. The bench instructed her to present herself at the KMCRI Hospital, Bharuch on either the present day or Tuesday at 9 a.m. for the medical procedure.
The bench specified that if the fetus is found to be alive, the hospital will provide all necessary facilities, including incubation, to ensure its survival. Additionally, the Gujarat government was directed to take all necessary measures to facilitate the adoption of the child in accordance with the law.
During a special session held on August 19, the Supreme Court expressed its concern over the considerable delay by the Gujarat High Court in addressing the survivor’s plea.
The top court’s order, issued on Saturday, recorded, “Strangely, the High Court listed the case 12 days later (after receiving the medical report) on August 23, losing sight of the fact that every day of delay was crucial and held great significance.”
This matter came to the bench through a special leave petition (criminal), which challenged the decision made by the Gujarat High Court on August 17.
In the impugned order, the High Court had declined the petitioner’s request for legal permission to terminate her pregnancy at 26 weeks. DeshGujarat
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