NEW DELHI: The Supreme Court on Monday allowed a 25-year-old rape survivor to abort her 27-week foetus, setting aside a Gujarat High Court order that rejected her plea to terminate the pregnancy. Noting that the woman is clinically fit for the procedure, a bench of judges B V Nagarathna and Ujjal Bhuyan said the HC was wrong in refusing to allow the procedure.
Under the law, the upper limit for termination of pregnancy is 24 weeks.
“In the context of abortion, the right of dignity entails recognising the competence and authority of every woman to take reproductive decisions,” the SC said.
“Sexual assault is itself distressing and sexual abuse resulting in pregnancy compounds the injury... such a pregnancy is not voluntary or mindful,” the bench said.
The apex court also castigated the HC single-bench for passing a clarificatory order on Saturday, after the SC had taken up the matter for urgent hearing. “We do not appreciate the High Court passing an order as a counterblast to SC order... What is happening in High Court of Gujarat?” it said.
The SC said if the foetus is found to be alive, the hospital shall extend all necessary medical assistance including incubation. If it survives, the State shall take steps to ensure the child is adopted in accordance with the law, it added.