SC permits rape survivor to terminate pregnancy, says conception outside marriage is injurious

Digital Desk: The Supreme Court allowed a rape survivor to have a medical termination of her over 27-week pregnancy on Monday, noting that pregnancy outside of marriage is harmful and a cause of stress.

A bench of Justices B V Nagarathna and Ujjal Bhuyan stated that the Gujarat High Court was not right in dismissing the request for abortion after taking into account the survivor's medical report.

Pregnancy is a cause for joy and celebration in Indian society within the framework of the institution of marriage, according to the top court, not only for the couple but also for their friends and family.

"Contrarily, pregnancy outside of marriage is harmful, especially when there has been sexual assault or abuse. It also causes stress and trauma for pregnant women, which can have an adverse effect on their physical and mental health. Even if a woman is not pregnant after being sexually assaulted, the trauma is nonetheless distressing. This is so that it is clear that such pregnancies are not conscious or voluntary."

"In light of the above discussion and the medical evidence, we permit the appellant to terminate her pregnancy. We order her to report to the hospital tomorrow so that the pregnancy can be ended," the bench said.

According to the supreme court, if the foetus is found to be alive, the hospital must provide all necessary care, including incubation, to guarantee the unborn' survival. If it endures, it stated that the State must take action to make sure the kid is adopted in accordance with the law.

In a special session on Saturday, the Supreme Court voiced its disapproval over the Gujarat High Court's decision to postpone the survivor's request for medical termination of her pregnancy, noting that "valuable time" had been squandered while the case was pending.

According to the Medical Termination of Pregnancy (MTP) Act, married women, special categories including survivors of rape like those who are differently abled, and minors are all given a 24-week window in which to end their pregnancies.