SC allows rape victim from Gujarat to terminate pregnancy
mental health of a woman when it is unwanted. The apex court further lashed out the the Gujarat High Court for rejecting the plea earlier saying any HC passing an order against a superior court's ruling is against constitutional philosophy. It cited, “What is happening in Gujarat High Court? No court in India can pass an order against a superior court order.
It is against constitutional philosophy." Last week, the bench of Justice B V Nagarathna and Justice Ujjal Bhuyan in a special sitting heard the plea of a rape victim to terminate her pregnancy. It orders her to take a fresh medical examination and seeks the report from the hospital by August 20. On Saturday, The apex court also came down heavily on Gujarat HC saying, "there should be a sense of urgency" and not a "lackadaisical attitude treating it as a normal matter".
During the hearing, the apex court was informed by the counsel for the petitioner that the 25-year-old woman had approached the high court on August 7 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 the petitioner. The report was submitted on August 10 by the medical college where she was examined, the counsel said.
The top court noted that the report was taken on record by the 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". (With inputs from agencies)
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