Observing that pregnancy outside of marriage is harmful and stressful, the Supreme Court granted a rape victim from Gujarat the right to terminate her 27-week pregnancy on Monday. A panel of Justices BV Nagarathna and Ujjal Bhuyan considered the victim’s medical report and determined that she is well enough to terminate the pregnancy.
“In Indian society, within the institution of marriage, pregnancy is a source of joy for couples and society. In contrast, pregnancy outside marriage is injurious, particularly in cases of sexual assault or abuse and is a cause of stress and trauma affecting the physical and mental health of pregnant women.
“Sexual assault of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury. This is because such a pregnancy is not voluntary or mindful,” the bench said.
The apex court in its order stated, “In view of the above discussion and the medical report, we permit the appellant to terminate her pregnancy. We direct her to be present in hospital tomorrow so that the procedure for termination of pregnancy can be carried out.”
The top court also said if the foetus is found to be alive, the hospital shall give all necessary assistance, including incubation to ensure the foetus survives. “If it survives, the State shall take steps to ensure the child is adopted in accordance with the law,” the apex court said.
The victim’s attorney also asked the Supreme Court to preserve foetal tissue for use as DNA evidence in the rape prosecution. The Supreme Court asked the doctors to investigate the viability of retaining foetal tissues, if possible, so that they may be given over to the investigating agency for DNA analysis in the rape complaint filed by the woman in the matter.
The Supreme Court chastised the Gujarat High Court once more for the way in which it issued an order in the rape victim’s petition for termination of her pregnancy.
