PRAYAGRAJ: The Allahabad High Court has observed that though standard operating procedures are in place for medical termination of pregnancy up to 24 weeks, the courts are still faced with petitions filed by rape victims who often gain knowledge of their pregnancy at a delayed stage.
Dealing with a suo moto PIL wherein a minor rape victim sought termination of her pregnancy, a bench comprising Justice Saumitra Dayal Singh and Justice Indrajeet Shukla on February 6 sought an affidavit by the principal secretary (medical health and family welfare) taking care of women and child health in Uttar Pradesh.
“Since law permits termination of such pregnancies up to 20 weeks and not more than 24 weeks, rape victims often get knowledge of pregnancy late and sometimes, perhaps due to lack of understanding and knowledge of the laws and the procedures, precious time is lost to the victims and their families,” the bench said.
Noting that law and SOPs exist in the state, showing its willingness to comply with the legal provisions, the court observed that despite that, individuals approach the court to terminate unwanted pregnancies.
“There are flaws in the execution of the SOPs enacted by the state, the bench observed.
It also noted that the state must have schemes for the victims where they chose to carry their pregnancies full term and also in cases where they may want to give the child for adoption. The court also highlighted compensation to the victims and preservation of the fetus for trial. “Unless nodal authorities are provided in conjunction with other professionals and officers and agencies such as an expert counsellor who may counsel the victim as also her family as to the options available with respect to termination of pregnancy, etc., the desire of the state to take care of such unfortunate citizens may remain unfulfilled,” the bench said.
The court also said that measures must be provided to avoid breaching the limit of 24 weeks, including providing the victims with pregnancy tests so that the option to keep or terminate the pregnancy can be exercised within the limit of 24 weeks.
The court fixed March 13 as the next date of hearing the case.
