The Supreme Court shifted to high gear on August 19, constituting a Special Bench to hear a 25-year-old rape survivor who is fighting time to get an abortion.
The top court’s registry kicked into action soon after she filed her appeal. Chief Justice of India D.Y. Chandrachud constituted a Special Bench of Justices B.V. Nagarathna and Ujjal Bhuyan, who rushed to the court, for the special hearing at 10.30 a.m. on August 19.
During the hearing, the Bench found that the Gujarat High Court had dismissed the woman’s plea for termination of her pregnancy, which is over 26 weeks, despite a favourable medical report on August 11.
Justice Nagarathna conveyed her dismay on finding that the High Court had inexplicably posted the case after nearly two weeks before rejecting her request.
The woman’s counsel said she had moved the High Court on August 7 and the court took up the case the next day. It had directed a medical examination. The medical report was submitted within the next 48 hours. However, on August 11, the High Court posted the case to August 23.
“How can the court stand it over to August 23? How many valuable days were lost because of this,” Justice Nagarathna said.
The Bench was also informed that the High Court was yet to upload the dismissal order.
‘Lackadaisical approach’
“There is a sense of urgency involved in such cases. There is no place for a lackadaisical approach,” Justice Nagarathna said.
The Bench ordered a fresh medical examination of the woman later in the day. It directed the report to be submitted in court by August 20. The Supreme Court posted the case on August 21.
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“Since valuable time is lost, a fresh report may be sought from the medical board, Bharauch. We direct the petitioner to appear before KMCRI hospital for being examined once again and latest status report may be submitted before this court by Sunday evening 6 p.m. The same shall be put up before this court on Monday,” the order said.
The Bench further directed the Secretary General of the Supreme Court to ascertain from the Gujarat High Court Registry if the order has been uploaded.
Under the Medical Termination of Pregnancy (Amendment) Act, 2021, the upper gestational limit for termination of pregnancy is 24 weeks for special categories of women, including survivors of rape, victims of incest and other vulnerable women like differently-abled women, minors, etc.
