Supreme Court allows Gujarat rape survivor to terminate 28-week pregnancy

New Delhi, August 21

The Supreme Court on Monday allowed a rape survivor from Gujarat to terminate her almost 28-week foetus, noting that she was clinically fit for the procedure, which would not adversely affect her child-bearing capacity. Taking note of the survivor’s medical report, a Bench led by Justice BV Nagarathna said the Gujarat High Court was not right in rejecting her prayer for MTP.

The top court directed her to be present in a local hospital tomorrow for the termination of her pregnancy. If the foetus is found to be alive, the hospital shall extend all necessary medical assistance, including incubation, to ensure the foetus survives and if it survives, the state shall take steps to ensure the child was adopted as per the law, the Bench said.

Counterblast to top court’s ruling

HC is passing an order as a counterblast to SC order. What is happening in the Gujarat HC? Do judges retort like this to a superior court order? No court in India can pass an order like this on a Saturday against a superior court order without giving a notice to other side. — SC Bench

Under the Medical Termination of Pregnancy Act, the upper limit for termination of pregnancy is 24 weeks for married women, special categories, including survivors of rape and other vulnerable women such as those differently abled and minors. Since she had crossed the statutory 24-week period, she had to move courts for permission to terminate her pregnancy. The Bench took strong exception to the Gujarat High Court passing an order on Saturday after it heard the matter in a special sitting.

“We do not appreciate the High Court passing an order as a counterblast to the SC order. What is happening in the High Court of Gujarat? These kinds of attempts are being made by the High Court to circumvent our order,” it said, describing the view taken by the HC “against the constitutional philosophy”. On behalf of the Gujarat Government, Solicitor General Tushar Mehta said there might be some confusion on assisting the court and requested the Bench not to pass any adverse observations against the HC order.

The Bench noted that in Indian society, within the institution of marriage, pregnancy was a reason for joy and celebration. “In contrast, pregnancy outside marriage is injurious, particularly in cases of sexual assault or abuse. Sexual assault of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury,” it said.