Supreme Court rebukes Gujarat High Court in abortion case
The Supreme Court on Monday reprimanded the Gujarat High Court for imposing an "unjust condition" on a rape survivor who sought permission to terminate her pregnancy. It emphasized that "no court in India has the authority to pass an order contradicting a superior court's ruling." The apex court's strong remarks came after the high court refused relief to the petitioner, even as the SC allowed the termination of her pregnancy and listed the matter for Monday.
Gujarat HC's order 'against constitutional philosophy': SC
A bench of Justice BV Nagarathna and Justice Ujjal Bhuyan said, "What is happening in Gujarat High Court? No court in India can pass an order against a superior court order. It is against constitutional philosophy." Despite Solicitor General Tushar Mehta defending the high court's decision as an attempt to correct a "clerical error," the SC reportedly took strong exception. "How can you perpetuate unjust conditions and force the rape survivor to undergo pregnancy?" Justice Bhuyan asked.
SC criticizes high court's delayed response
The rape survivor initially approached the high court on August 7, and the next day, the court instructed a medical board to assess her pregnancy and overall health, NDTV reported. However, the case was reportedly not scheduled for a hearing for 12 days, prompting the SC to criticize the high court's "lackadaisical" approach and highlight the delay in addressing the petition. Consequently, the SC requested that the petitioner appear before the medical board once more.
HC rejected petition, offered no reason: Petitioner's counsel
According to Live Law, the apex court verbally stated that in such circumstances, there must be a sense of urgency rather than a lackadaisical approach. "We are sorry to say and make this remark," the bench said. Notably, the petitioner's counsel informed the SC that the case status indicated that the high court had denied the petition on Thursday (August 17), but no reasons were offered. He also claimed the order was yet to be published on the HC's website.
Permission granted for pregnancy termination
Following the submission of a new medical report, the SC on Monday granted permission for the termination of the pregnancy. Additionally, the court mandated that if the fetus is found to be alive after the procedure, the hospital must provide all necessary facilities, including incubation, to ensure its survival. The state will then be responsible for taking appropriate steps to facilitate the child's adoption in accordance with the law.
