Supreme Court permitted to abort 28-week pregnancy of a Gujrat-based rape victim on Monday. The pregnant lady appealed against the dismissal of the plea by the Gujarat High Court. HC rejected her petition without telling her a reason.
Subsequently, the lady knocked on the doors of the Supreme Court. On the same day, the Gujarat High Court took suo moto and passed an order in which it asked, “Do you want to deliver the child and hand over it to the state.”
Supreme Court judge Nagaratna was annoyed by the order of the Gujarat High Court. She said, “High court order in reply to Supreme Court order is not justified. What is happening in the Gujarat High Court.”
While hearing the case on 21 August, the Supreme Court said, “Pregnancy post-marriage brings happiness to the family in Indian society but contrary to this, pregnancy without marriage is painful especially when in case of rape it affects the victim physically and mentally.”
Supreme Court further said, “A rape is extremely painful. Pregnancy after it reminds the of the old wounds. Hence, We allow the abortion as per the medical report of the victim. Court permits the victim to go to the hospital on Tuesday to complete the process.”
Court also said in its order that if the fetus is found alive, the hospital will use all necessary facilities to keep it alive. The government should take steps to legally give the child for adoption.
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