Supreme Court bashes Gujarat HC for passing an order in a rape victim’s plea, saying, “Do judges reply like this to Superior Court’s order?”

The Supreme Court of India again bashed the Gujarat High Court for passing an order against a superior court’s ruling in a rape victim’s plea seeking an abortion. The bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan heard the matter on Saturday (August 19, 2023) where the bench criticized the Gujarat HC for handling the case in a ‘lackadaisical manner’. Today, the bench came to know that the Gujarat HC passed another order after the top Court’s order where the HC refused to relieve the petitioner. The HC attempted to clarify that the adjournment order was passed to enable the counsel to get instructions from the victim on whether she wants to give the child to State’s facility. In this context, Justice Nagarathna said, “We do not appreciate High Court’s counterblast to Supreme Court’s orders. What is happening in the High Court of Gujarat? Do judges reply like this to Superior Court’s order? We do not appreciate this.” 

Along with this, Justice Bhuyan asked the HC, the need to pass the suo motu order on 19 August 2023. He also mentioned that there was no need of imposing an unjust condition on a rape survivor, stating, “The view taken, I’m sorry to say, is against Constitutional philosophy. How can you perpetuate unjust condition and force the rape survivor to undergo pregnancy?” During the court proceedings, Solicitor General Tushar Mehta, who appeared before the Supreme Court on behalf of the Gujarat Government said, “There was a clerical error in the previous order, and that was fixed on Saturday.” He added, “Some misunderstanding was there. I think Your Ladyship might leave it at that. Please ignore” and told the bench “We as the state government will request the judge to recall the order.” Along with this, Solicitor General Mehta requested the bench not to make discouraging comments against the HC judge saying “He is a good judge.” 

While passing the judgment, the Supreme Court bench observed that pregnancy in a marriage is a moment of joy but pregnancy out of marriage (especially after sexual assault) is injurious to women’s mental health. As per the medical report which is in favor of the rape victim, the bench ordered, “We permit the appellant to terminate her pregnancy. We direct her to be present in the hospital today or 9 AM tomorrow so that the procedure for termination of pregnancy can be carried out.” In the order, the bench also stated that “We refrain from saying anything on the HC order dated August 19.”