Rape survivor’s request to terminate pregnancy: SC in Saturday hearing criticizes Gujarat HC’s approach stating, “not have lackadaisical attitude in these cases.”

Today, a special bench was constituted for Saturday's hearing including Justice BV Nagarathna and Justice Ujjal Bhuyan. The two-judge bench of the Supreme Court (SC) was hearing an appeal against the order of the Gujarat High Court (HC) delivered on August 17, 2023, rejecting the request of a rape survivor to terminate 26-week-old pregnancy. Advocate Vishal Arun Mishra filed the plea and Advocate Shashank Singh, appearing for the survivor, presented the case before the top court today. The SC criticized the Gujarat HC for handling the case casually. While hearing the matter, Justice Nagarathna remarked, “Why was the matter stood over to August 23? How can the Court say that report comes on August 10 and then listed 13 days later? How much valuable time was lost?... There has to be a sense of urgency in such cases and not have lackadaisical attitude in these cases.”

In this context, the SC bench ordered, “Strangely the High Court listed the case 12 days later (after the medical report) on August 23, losing sight of the fact that every day, the delay was crucial and of great significance. We may say that in the instant case, the petitioner sought for termination of pregnancy and she was 26 weeks pregnant when she approached the Court. So, valuable time was lost from August 8 to the next listing date.” After hearing the contentions, the SC bench asked for a fresh medical examination of a rape survivor as well as sought a response from the Gujarat government. The order reads, “Since valuable time is lost, a fresh report may be sought from the medical board, Bharuch. We direct the petitioner to appear before KMCRI hospital for being examined once again and the latest status report may be submitted before this court by Sunday evening 6 PM. The same shall be put up before this court on Monday.”