The Rajasthan High Court has expressed grave concern over delays in the abortion process for rape victims, particularly minors.
The Rajasthan High Court has expressed grave concern over delays in the abortion process for rape victims, particularly minors.

Rajasthan HC expresses concern over delays in abortion process for rape victims

The court has indicated its intention to establish guidelines for handling abortion cases involving rape survivors.
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JAIPUR: The Rajasthan High Court has expressed grave concern over delays in the abortion process for rape victims, particularly minors, highlighting the lack of awareness and timely information.

The court noted that such delays often put teenage victims at significant risk during childbirth. To address this issue, the court has indicated its intention to establish guidelines for handling abortion cases involving rape survivors. The court has also sought responses from both the Central and State Governments within four weeks.

In a suo motu public interest litigation (PIL), a division bench led by Chief Justice M.M. Shrivastava and Justice Umashankar Vyas issued these directives.

Additionally, the Rajasthan State Legal Services Authority (RALSA) has been made a party to the case, and four female advocates have been appointed as amicus curiae to assist with the proceedings.

The issue gained prominence in December when the court was resolving an abortion plea for a rape victim. The case involved a minor from Bihar who had been trafficked to Kota and later rescued by the police.

Upon being found pregnant, she was placed in a Balika Grih (children's home) by the Child Welfare Committee. When her request for an abortion reached the court, the petition was registered as a PIL to address the broader issue.

The court pointed out the challenges faced by victims seeking abortions, particularly those beyond 24 weeks of pregnancy. Under the Medical Termination of Pregnancy Act, 1971, abortion before 24 weeks does not require court approval.

However, after 24 weeks, judicial consent is mandatory. In one instance, the court had to reject the abortion plea of a 31-week pregnant rape victim, citing medical risks to both the mother and the fetus as per expert reports.

The court also stressed the need for greater awareness of abortion rights, especially for minor victims of sexual violence. It observed that many women, both adults and minors, remain unaware of their rights under the law.

The court noted that minors, in particular, are not adequately informed about their legal options by the police and other relevant agencies, often leaving them with no choice but to carry pregnancies to term against their will.

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