Observing
that pregnancy in cases of sexual assault is a cause of stress and trauma to
the victims, the Supreme Court on Monday allowed a rape survivor to undergo
medical termination of her over 27-week foetus after noting that she is
clinically fit for the procedure which will not adversely affect her child
bearing capacity.
Under
the Medical Termination of Pregnancy (MTP) Act, the upper limit for termination
of pregnancy is 24 weeks for married women, special categories including
survivors of rape and other vulnerable women such as those differently-abled
and minors.
Taking
note of the survivor's medical report, a bench of Justices B V Nagarathna and
Ujjal Bhuyan said the Gujarat High Court was not right in rejecting her prayer
for MTP.
The
top court said in Indian society within the institution of marriage, pregnancy
is a reason for joy and celebration not only for the couple but also for their
family and friends.
"In
contrast, pregnancy outside marriage is injurious, particularly in cases of
sexual assault or abuse and is a cause of stress and trauma affecting the
physical and mental health of pregnant women. Sexual assault of a woman is
itself distressing and sexual abuse resulting in pregnancy compounds the
injury. This is because such a pregnancy is not voluntary or mindful.
"In
view of the above discussion and the medical report, we permit the appellant to
terminate her pregnancy. We direct her to be present in hospital tomorrow so
that procedure for termination of pregnancy can be carried out," the bench
said.