HIV+ rape survivor appeals to SC for abortion

When the Patna High Court in Bihar rejected a 35-year-old rape survivor's plea to terminate her pregnancy, she was compelled to approach the Supreme Court (SC). The woman, who is also HIV positive, is 26 weeks pregnant, which is over the legal permissible limit for abortion under the Medical Termination of Pregnancy Act (MTP), 2016, that caps abortion at 20 weeks.

In response to her plea, a bench comprising of Justices Dipak Misra, AM Khanwilkar and MM Shantanagouder directed a medical board at All India Institute for Medical Science (AIIMS) in the national capital to examine the woman. The board is directed to examine if it is safe to terminate the pregnancy and file its report next week.

According to her plea, the woman who was raped on the streets of Patna found out about her pregnancy in her 13th week when she was rescued by officials from 'Shanti Kutir', a women's rehabilitation centre. Thereafter, the woman approached a research officer with the NGO Koshish and expressed her desire to terminate the foetus.

On March 14, the woman along with the research officer had approached a hospital to get the pregnancy terminated. However, they were refused since the woman did not have any proof of identity.

Coming to the woman's rescue, the top court said the woman, who has already become a destitute, had survived a sexual assaulted and suffered from a serious medical ailment, should not be allowed to suffer further.

"As we are inclined to think that a woman, who has already become a destitute being sexually assaulted and suffering from a serious medical ailment, not to go through further sufferings. The quintessential purpose of life, be it a man or a woman, is the dignity of life and all efforts are to be made to sustain it," the bench, which also comprised Justices A M Khanwilkar and M M Shantanagoudar, said.

A representative from the NGO has been directed to accompany the woman, who is currently in Patna, to New Delhi for the examination.

The Centre, represented by Additional Solicitor Generals P S Narasimha and Tushar Mehta, were directed by the top court to make travel arrangements for the woman and her party.

The plea, submitted by senior advocate Vrinda Grover, said that the Patna High Court rejected the destitute woman's plea solely on the grounds that she had crossed her 20th week of pregnancy by then. It had ignored the fact that "she was a major… completely fit to make her own reproductive choices without any interference."

In their dismissal, the High court had relied on a report filed by a medical board in Patna on March 17, which upon examination, had submitted that termination would involve surgical process, which may lead to health complications such as bleeding, anaesthesia hazard and sepsis.

In her appeal before the apex court, the woman had also submitted that her father and husband who have deserted her had consented for termination of pregnancy of the petitioner.