The Supreme Court, on Monday, 21 August, observed that compelling a woman to carry a child conceived through rape goes against the fundamental principles of the Constitution of India.
The top court made this statement while granting approval for the termination of pregnancy for a 25-year-old rape survivor who had filed a plea. The decision overruled a previous ruling by the Gujarat High Court, which had dismissed the survivor's request for a medical abortion.
Some context: The petitioner, an Adivasi woman residing in a remote village in Gujarat, had allegedly been raped under the pretext of marriage. After 26 weeks, she approached the high court for permission to terminate the pregnancy, despite which her request was rejected, even though a medical board had recommended the termination.
What the top court said: How can you perpetuate unjust conditions and force the rape survivor to undergo pregnancy?” a bench of Justices BV Nagarathna and Ujjal Bhuyan noted, according to LiveLaw.
"In Indian society, within the institution of marriage, pregnancy is a reason for joy and celebration, and for great expectation, not only for the couple but for their families and friends. By contrast, pregnancy outside marriage in most cases is injurious, particularly after a sexual assault or abuse, and is a cause for stress and trauma, affecting both the physical and mental health of the pregnant woman – the victim," the bench said.
"Sexual assault or sexual abuse of a woman is itself distressing, and sexual abuse resulting in pregnancy, compounds the injury. This is because such a pregnancy is not a voluntary or a mindful pregnancy," the bench added in its order.
Previously: In a special session held on Saturday, the Supreme Court heard the urgent plea of the 25-year-old rape survivor seeking permission for pregnancy termination, after the Gujarat High Court had turned down her request.
(With inputs from LiveLaw)
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