SC permits termination of 27-week pregnancy of rape survivor from Gujarat

The Supreme Court on Monday permitted a 27-week pregnant woman from Gujarat to undergo a medical termination of her pregnancy, who was subjected to rape on a false pretext of marriage.

A bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan granted the relief sought by the survivor, who worked as a domestic help and asked her to present herself in hospital this day or Tuesday at 9 a.m. for medical procedure.

The bench said that in case, fetus is found alive, the hospital will provide all facilities, including incubation to ensure that it survives. Further, it asked the Gujarat government to take all steps to ensure that the child is adopted in accordance with law. 

In a special sitting convened on August 19, the Supreme Court had voiced its concern over the long adjournment given by the Gujarat High Court on survivor’s plea. 

"Strangely, the High Court listed the case 12 days later (after receiving the medical report) on August 23, losing sight of the fact that every day of delay was crucial and held great significance," recorded the top court in its order passed on Saturday.  

The Supreme Court attention was drawn to this matter after a special leave petition was filed challenging the decision taken by the Gujarat High Court on August 17.

In its impugned order, the High Court had declined to grant legal permission seeking termination of the 26-week-old pregnancy of the petitioner.