Supreme Court Expresses Concern Over Gujarat High Court’s Delay in Rape Survivor’s Abortion Plea
In a special hearing convened on Saturday, the Supreme Court voiced its concerns over the Gujarat High Court’s delay in addressing a rape survivor’s plea for termination of her pregnancy, which is nearing 28 weeks. The survivor approached the apex court after the Gujarat High Court denied her relief.
Thank you for reading this post, don't forget to subscribe!The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, convened at 10.30 AM to address this urgent matter. Shashank Singh, the petitioner’s lawyer, pointed out that although the medical board had given a favorable opinion for the termination, the High Court did not act on the plea.
Detailing the timeline, Singh informed the bench that the writ petition was filed in the High Court on August 7. On August 8, the court directed the formation of a medical board to ascertain the pregnancy’s status. The board’s report was submitted on August 10, but the High Court decided to adjourn the matter to August 23.
Reacting to this, Justice Nagarathna expressed her astonishment, asking,
“Why was the matter stood over to August 23? How can the Court say that report comes in August 10 and then listed 13 days later? How much valuable time was lost?”
She further remarked,
“There has to be a sense of urgency in such cases and not have a lackadaisical attitude in these cases.”
The Supreme Court’s order echoed this sentiment, stating,
“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, delay was crucial and of great significance. We may say that 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.”
The apex court has now directed a fresh medical examination for the petitioner. The order specified,
“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.”
Advocate Swati Ghildiyal accepted the notice on behalf of the State of Gujarat during the proceedings.
