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Rape survivor denied termination of pregnancy, Orissa HC orders ₹10 lakh compensation
In a case of gang rape, the Orissa High Court slammed a lower court’s order which denied the survivor’s plea to terminate her unwanted pregnancy
In a case of gang rape, the Orissa High Court slammed a lower court’s order which denied the survivor’s plea to terminate her unwanted pregnancy. The HC observed that this is something bound to severely impact her personality and womanhood.
It observed that the lower court, where the victim first approached seeking termination of her undesired pregnancy, should have agreed to her request putting it above the right to life of the unborn child.
“Though this issue has, time and again, knocked at the judicial threshold, it is still crying for an unperplexed solution by way of suitable amendment in the statute governing the field,” the single-judge bench of justice SK Panigrahi noted while refusing to allow the medical termination of pregnancy of a 20-year-old gangrape survivor who had approached the court last month after the court of a sub-divisional judicial magistrate in Banki refused to entertain her request on the grounds of lack of jurisdiction. The SDJM also said that the petition could not be considered on its merit as the accused persons were yet to be convicted.
In April this year, the girl, from a village of Cuttack district, was gagged by a towel and forcibly taken to a school where the accused raped her and threatened to kill her if she disclosed the matter to her family members or police. After the incident, the victim became pregnant.
“The victim is being forced to bear and care for the unwanted child is bound to severely impact her personality and womanhood. Considering the present situation, where the victim chose to approach the court through her guardian
as per the MTP Act seeking termination of her undesired pregnancy albeit with some delay, her request should have been acceded to over the life of the unborn child,” the HC said.
The HC said the girl and her father initially approached the police station for termination of pregnancy but were directed to approach the concerned court as the charge sheet was filed by then. “The police officers could have acted more sensibly and, at the very least, guided them to approach District Legal Service Authority or Legal Services Units at Taluk Level or to any paralegal volunteers. This would have, perhaps, helped the victim get timely legal advice and may have saved her from suffering the forced delivery which is imposed on her due to medicolegal compulsions,” the HC said, adding that every policeman should be given a proper understanding of the working of legal services authority at different levels.
The HC however did not allow termination of pregnancy since the Medical Termination of Pregnancy (Amendment) Act, 2021, which came into force from September 14, the upper limit for medical termination of pregnancy is 24 weeks, from the earlier stipulation of 20 weeks for ‘vulnerable women’ including rape survivors.
“There is no other legal option for her but to undergo suffering and deliver the baby since the pregnancy is over twenty-six weeks old. Although this court is painfully conscious of the possible impact of this decision on the life of the victim, it is bound by the legal mandate. The physical, mental, psychological trauma suffered by the petitioner is formidable. Rape is a crime not only against a woman but against humanity at large as it brings out the most brutal, depraved and hideous aspects of human nature. It leaves a scar on the psyche of the victim and an adverse impact on society,” the HC said.
Holding that the welfare of the victim is an important consideration, the HC asked the State Legal Services Authority to ensure that the state government pay an amount of ₹10 lakh as compensation to the girl which will be over and above the compensation amount to be awarded by the trial court at the conclusion of the trial.
