Rape survivor with HIV can't abort foetus

Acting on a report prepared by the All India Institute of Medical Sciences (AIIMS), the Supreme Court on Tuesday declined to let a rape survivor terminate her pregnancy.

The AIIMS report, prepared by a board, suggested that it would be dangerous to the health of the rape survivor, who is also HIV positive, if she went ahead and aborted her foetus which is more than 20 weeks old. The court however, accepted counsel Vrinda Grover's submissions seeking compensation for the woman. It allowed the woman to shift to Patna, where she would receive treatment.

This move was aimed at preventing or at the very least limiting the transmission of the HIV virus to the child.

Additional Solicitor General Tushar Mehta was asked to inform Bihar, which would then provide all arrangements for the shift. The bench further ordered Bihar to compensate the woman to the tune of Rs 3 lakh for the delay caused to her, and also sought for a compliance report by August 9.

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

In response to her plea, a bench comprising Justices Dipak Misra, AM Khanwilkar and MM Shantanagouder had directed a medical board at AIIMS to examine the woman.

According to her plea, she was raped on the streets of Patna, and she found out about her pregnancy in her 13th week after 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 her rescue, the top court said the woman, who has already become a destitute, had survived a sexual assault 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 AM Khanwilkar and MM Shantanagoudar, said.

The plea, submitted by senior advocate Vrinda Grover, said that the Patna High Court rejected the destitute woman's plea solely on the ground 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 that 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 the pregnancy.

Woman’s plea, court’s response

According to her plea, she was raped on the streets of Patna, and she found out about her pregnancy in her 13th week.
The woman is 26 weeks pregnant which is over the legal permissible limit for abortion under the MTP Act (MTP), 2016.