SC criticises delay in rape victim’s abortion plea

NEW DELHI

The Supreme Court has expressed dismay over the Gujarat High Court’s delay in hearing a rape victim’s plea for the termination of her nearing 28-week pregnancy. The matter came before the apex court after the Gujarat High Court denied the victim’s plea.
A special sitting was held at 10:30 AM, overseen by Justice BV Nagarathna and Justice Ujjal Bhuyan, to address the urgent plea.
The petitioner’s counsel, Mr. Shashank Singh, informed the bench that the medical

board had recommended the termination of pregnancy. Yet, the High Court did not approve the plea for abortion. He detailed the timeline, noting the plea was submitted on August 7, 2023, with the High Court taking the matter up the next day, directing the formation of a medical board. The board’s report, submitted on August 10, was recorded by the court on August 11. Expressing surprise, the Supreme Court bench highlighted the High Court’s decision to postpone the matter by 12 days, given the sensitivity and time-critical nature of the situation. Justice Nagarathna remarked on the potential loss of “valuable days”.
Upon the case being listed on August 17, the High Court dismissed the petition. The apex court then instructed its Secretary General to verify with the Gujarat High Court Registry whether the order had been uploaded. Furthermore, the Supreme Court ordered a new medical examination for the petitioner and set a deadline for the report to be submitted by August 20, 2023. The matter will be further considered on August 23.Advocate Swati Ghildiyal, representing the State of Gujarat, acknowledged receipt of the notice.