Supreme Court allows Gujarat rape victim to terminate pregnancy

The Supreme Court on Monday allowed a rape victim from Gujarat to terminate her pregnancy, saying that outside marriage the pregnancy has effects on the mental health of a woman when it is unwanted.The apex court observed that in Indian society, within the institution of marriage, pregnancy is a source of joy for a couple and society. However, outside marriage, it has effects on the mental health of a woman when it is unwanted, it added.On Saturday, the top court in a special sitting, while hearing the plea of the rape victim, had ordered her fresh medical examination and sought the report from the hospital by 20 August.The court also expressed displeasure over the Gujarat High Court adjourning the rape survivor's petition for medical termination of her 26-week pregnancy, and said "valuable time" was lost during the pendency of the matter.The bench of Justice BV Nagarathna and Justice Ujjal Bhuyan observed that there should be a sense of urgency in such cases and not a "lackadaisical attitude" of treating the matter as any normal case and just adjourning it.The Supreme Court was informed by the counsel for the petitioner that the 25-year-old woman had approached the high court on 7 August and the matter was taken up the next day.He said the high court had on August 8 issued a direction for the constitution of a medical board to ascertain the status of pregnancy as well as the health status of petitioner. The report was submitted on August 10 by the medical college where she was examined.The top court noted that the report was taken on record by high court on August 11 but "strangely", the matter was listed 12 days later i.e. on August 23 "losing sight of the fact that every day's delay was crucial and of great significance having regard to the facts and circumstances of the case".The bench also noted that the petitioner's counsel has brought to its notice that the case status of the matter showed that the petition was rejected on August 17 by the high court but no reasons were dictated in the court and the order is yet to be uploaded on the high court's website."In the circumstance, we direct the secretary general of this court to inquire from the registrar general of the High Court of Gujarat and ascertain as to whether the impugned order has been uploaded or not," the bench said.With inputs from agencies