‘Valuable time lost’: SC on Gujarat HC adjourning rape survivor’s abortion plea

The counsel representing the appellant told the SC that the plea was filed before the HC on August 7 and it took it up the next day. The HC issued directions that a medical team be constituted to find out if abortion is possible. The report was submitted to the HC on August 10 and a day later, the court took it on record and adjourned it till August 23. However, it took up the matter on August 17 and dismissed the prayer for abortion.

The Bench wondered why it had to be adjourned by almost two weeks.

“How can the court stand it over to 23rd August? How many valuable days would have been lost by then,” asked Justice Nagarathna, adding that “there has to be a sense of urgency in such matters, not a lackadaisical attitude treating it as a normal matter”.

In its order, the SC said, “Strangely, the High Court posted the case 12 days thereafter on 23.08.2023, losing sight of the fact that every day’s delay was crucial and of great significance having regard to the facts and circumstances of the case. In the instant case, when the petitioner had approached the court, she was already 26 weeks pregnant. Therefore, we find that valuable time has been lost between 11.08.2023, when the report was placed before the High Court, and the order stating that the matter will stand over to 23.08.2023.”

The counsel also submitted that though the plea was dismissed on August 17, the order had not been uploaded yet.

The Bench wondered how it can proceed without the order and said it will ask the SC Secretary General to ascertain the status with the Gujarat HC. The Bench also sought a response from the state government and agencies concerned on the plea.

The petitioner’s counsel told the Bench that as on Saturday, the petitioner was pregnant for 27 weeks and two days. He said a fresh report may be sought from the medical board.

The SC Bench directed that the survivor be produced before the medical board on Saturday itself for a fresh medical opinion and the report be placed before it on August 20, after which it will take up the case on August 21.

The Bench also asked about the report filed by the medical board before the High Court. The petitioner’s counsel said as per that report, termination of pregnancy could be done.