SC criticises Gujarat HC for lackadaisical approach; directs for fresh examination of rape victim seeking termination of pregnancy
Aug 19, 2023
New Delhi [India], August 19 : The Supreme Court in a special sitting on Saturday heard a plea of the rape victim seeking to terminate her pregnancy and ordered a fresh medical examination in the case.
Supreme Court has sought a report from the KMCRI hospital by August 20.
A bench of Justices BV Nagarathna and Ujjal Bhuyan also criticized the Gujarat High Court which has rejected the victim’s plea to terminate the pregnancy and says that in such cases, 'there should be a sense of urgency' and not a 'lackadaisical attitude treating it as a normal matter'.
Supreme Court noted that a lot of time had been lost with the High Court initially adjourning the case.
Justice Nagarathna said, "Strangely the High Court listed the case 13 days later (after the medical report) on August 23, losing sight of the fact that every day, the delay was crucial and great significance. We may say that in the instant case, the petitioner has 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."
"In such cases, there should be a sense of urgency. Not a lackadaisical attitude treating it as a normal matter. We are sorry to make these remarks," the bench added.
The apex court directed the victim to appear before the hospital for being examined once again today and said the report has to be filed by Sunday evening in the court.
The top court also sought the response of the Gujarat government in the matter and ordered a fresh medical examination of the victim and said it will take up the matter for hearing on Monday.
"Since valuable time is lost, a fresh report may be sought from the medical board, Bharauch. 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," the order stated.
The victim approached the apex court after Gujarat High Court dismissed her plea to terminate the pregnancy.
Gujarat High Court dismissed her plea on August 17 by rejecting the request for termination of a 26-week-old pregnancy of the victim.
