The Allahabad High Court sharply criticised state authorities for their persistent failure to act promptly on a plea seeking medical termination of pregnancy for a minor rape survivor with mental disability. The Court highlighted delays that adversely affected the victim’s access to timely medical care.
The Allahabad High Court criticized the state authorities for a persistent failure in dealing with a plea seeking medical termination of pregnancy for a minor rape survivor with mental disability.
The survivor, who was 17 at the time of the assault in 2023, had a pregnancy of about five months, according to the petition. The case was initiated by her maternal grandfather the main petitioner who approached the High Court in July 2023 seeking directions to permit her medical termination.
Justice Vinod Diwakar observed that a delay of seven weeks occurred between the registration of the FIR and the point when the applicant was forced to file before the High Court. The survivor ultimately gave birth on August 13, 2023.
The case began on June 11, 2023, when an FIR for rape was registered at Rohta Police Station in Meerut. The following day, the girl was medically examined at the Rohta Community Health Centre, where doctors found that she was 22 weeks and 6 days pregnant.
Seeking termination of the pregnancy, her grandfather approached the Chief Medical Officer (CMO), Meerut, on July 5, 2023, but the request was rejected. After receiving no relief, he moved an application before the Special POCSO Court on July 19, 2023, seeking the same relief.
However, the application was returned with an endorsement advising him to approach the High Court. Consequently, a writ petition was filed before the Allahabad High Court on July 22, 2023, and the matter was listed for hearing on August 4, 2023.
The high court noted,
“In the entire process, 54 days, that is almost seven weeks, were consumed between the date of registration of the FIR and the date on which the applicant was compelled to approach this court,”
After an order directing compliance, the victim was admitted to a hospital, a medical board was constituted, and based on the board’s advice, doctors carried out the delivery on August 13, 2023.
Slamming the delay, the High Court stated,
“The Supreme Court has delivered a series of judgments on the subject and the high courts have repeatedly issued directions for the timely constitution of Medical Boards and for taking necessary steps in the best interests of victims.”
The court said,
“Despite such judicial pronouncements, the material on record demonstrates a persistent failure on the part of the state machinery to effectively implement the provisions enacted by Parliament, the directions issued by constitutional courts and the notifications issued by the State Government from time to time,”
The High Court directed state authorities to conduct a comprehensive socio-psychological study.
The High Court directed the State authorities to undertake a comprehensive socio-psychological study to better understand the long-term impact of sexual offences on victims and children born from such incidents.
The study has been ordered to examine the number of rape cases reported, the number of children born as a result of rape, the number of abandoned children, and the psychological condition and responses of victims.
The Court observed that such data would help policymakers and authorities formulate more effective measures for victim support, rehabilitation, and child welfare.