Supreme Court Criticizes High Court’s ‘Lax Approach’ in Ruling on Rape Survivor’s Abortion

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A panel consisting of Justices BV Nagarthana and Ujjal Bhuyan has issued instructions for a fresh medical assessment of a minor rape survivor. The court has mandated her presence at the hospital later today for the examination, and it has called for a report by Sunday evening.

During the proceedings, the victim’s legal counsel informed the bench that a medical board had recommended pregnancy termination, yet the high court declined the abortion request.

The counsel further explained that on August 7, they approached the Gujarat High Court, which heard the case on August 8. A medical board was subsequently formed to assess the pregnancy status. After the board submitted its report on August 10, the case was scheduled for a subsequent hearing on August 23.

In response, Justice Nagarthana expressed concern, questioning the delay in listing the case for August 23 despite receiving the medical report on August 10. The bench’s order highlighted this delay as significant, emphasizing that each day counted in such cases and urged for a more urgent approach.

Recognizing the time lost, the bench ordered a new report from the medical board in Bharuch. They directed the petitioner to undergo another examination at the KMCRI Hospital, with the latest status report to be submitted by Sunday evening at 6 pm. The court would review the report on Monday.

The Supreme Court also required a response from the Gujarat government and scheduled the next hearing for August 21.

The petitioner’s representative also mentioned that the pregnancy was nearing 28 weeks. The appeal was filed against a Gujarat High Court order issued on August 17. The court noted that the said order had not been uploaded to the official high court website

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