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Arrange pregnancy tests of rape victims to avoid breaching 24-week limit: Allahabad high court
The Allahabad High Court mandates pregnancy tests for rape victims within 24 weeks, emphasizing the need for better support and policy for their care.
The Allahabad high court has said that in rape cases measures must be taken to provide the victims with pregnancy tests so that the option to keep or terminate the pregnancy can be exercised within the limit of 24 weeks of pregnancy.
In this regard, the Allahabad high court has sought an affidavit from the principal secretary, medical health and family welfare, U.P.
The bench comprising Justice Saumitra Dayal Singh and Justice Indrajeet Shukla was hearing a suo motu public interest litigation (PIL) registered to address the concern of the society with respect to care required to be taken of the victims of rape and also with respect to the other persons who may be facing unwanted pregnancy.
The court observed, “Since law permits termination of such pregnancies up to 20 weeks and not more than 24 weeks, arising from the peculiar and unfortunate circumstances arising from a heinous occurrence of rape, often knowledge of pregnancy is gained/disclosed 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.”
“They turn up late. Wherever time permits, the court has regularly provided urgent measures to grant appropriate relief or to pass appropriate orders in such petitions. However, despite the SOP being put in place, the flow of petitions has not come to an end,” the bench observed.
While dealing with SOPs formed by state government in compliance with various orders passed by high court to meet the concern of rape victims and various laws in this regard, the court said that law and SOPs existed in the state of UP showing the willingness of the state to comply with the law. The court observed that despite that the individuals were approaching the court in writ jurisdiction to terminate such unwanted pregnancies.
The court said that there are flaws in execution of SOPs enacted by the state.
It further 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. Compensation to the victims and preservation of foetus for trial were also highlighted by the court.
“In short, while at present, we are not proposing any specific new measure to be adopted by the state – either to provide for enhanced compensation etc, we do feel that the state must have a comprehensive policy, complete with procedural details and effective monitoring at all levels, to be applied from the point of the rape being first reported or unwanted pregnancy being first reported to the point of medical termination of pregnancy is offered and/or the victim treated for the same.”
The court, in its order dated February 6, observed, “Unless nodal authorities are provided in conjunction with other professionals and officers and agency such as an expert counsellor who may counsel the victim as also her family, if required as to the options available with respect to termination of pregnancy etc. as also the probationary officers and medical experts, from the point of the occurrence of rape being reported, the desire of the State to take care of such unfortunate citizens, may remain unfulfilled.”
The court has fixed March 13 as the next date of hearing in the case.
