The Supreme Court granted permission on Monday for a rape survivor to undergo a pregnancy termination procedure. It criticized the Gujarat High Court for issuing an order regarding the plea while it was under consideration by the apex court. The court, however, abstained from providing commentary in its ruling.
The bench’s order noted that while pregnancy within a marriage is a source of joy, pregnancy resulting from sexual assault outside of marriage can be detrimental to a woman’s mental well-being.
Taking into account a supportive medical report for the woman’s plea, the Court authorized her to proceed with the pregnancy termination process.
“We permit appellant to terminate her pregnancy. We direct her to be present in hospital today or 9 AM tomorrow, so that procedure for termination of pregnancy can be carried out.”
Should the fetus survive following the medical procedure, the court instructed the hospital to provide all necessary care, including incubation, to ensure the fetus’s survival. The State would then take measures to facilitate lawful adoption of the child.
SC’s Disapproval of Gujarat HC’s Actions
Upon taking up the case for hearing, the Gujarat High Court attempted to clarify on August 19 that the adjournment order had been issued to enable the counsel to ascertain if the woman was willing to give up the child to the State’s facility.
The Supreme Court bench took strong exception to this “clarificatory” order issued by the High Court.
“We do not appreciate High Court’s counterblast to Supreme Court’s orders. What is happening in High Court of Gujarat? Do judges reply like this to superior court’s order? We do not appreciate this,” Justice Nagarathna expressed her dismay.
Solicitor General of India Tushar Mehta appeared before the Court and requested that the bench avoid commenting on the High Court judge, while noting that relief could be granted to the petitioner. “Some misunderstanding was there. I think Your Ladyship might leave it at that,” SG Mehta requested.
Last Saturday, a Special Sitting of the Supreme Court was convened to hear the woman’s plea for a pregnancy termination, as she was nearing 28 weeks of pregnancy. During this session, the bench consisting of Justices BV Nagarathna and Ujjal Bhuyan criticized the Gujarat High Court for its “lackadaisical manner” in handling the matter. The High Court had initially postponed the hearing for 12 days, then advanced it and dismissed the petition on August 17. However, the dismissal order was not uploaded even on the day when the Supreme Court took up the matter. In response, the Supreme Court sought an explanation from the High Court Registry, citing the loss of “valuable time” due to the High Court’s approach.
Regarding the High Court’s August 19 order, the Supreme Court refrained from commenting in its own order. “We refrain from saying anything on the HC order dated August 19,” the bench noted in the order.
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