SC orders Rs 10 lakh relief to rape victim in Bihar

The Supreme Court on Thursday directed the Bihar government to give a compensation of Rs. 10 lakh to a rape survivor who was denied abortion. The survivor had approached the apex court in July to seek permission for an abortion of the foetus which, at that time, was more than 20 weeks old.

The court denied permission to the survivor - who is also HIV positive, acting upon the report of a medical board which advised against it. However, acting upon the report of a medical board which advised against the abortion, citing danger to the mother, the court denied the plea to the victim, who is also tested positive for HIV. The judgment on Thursday was delivered by a bench - comprising Justices Dipak Misra, Amitava Roy and AM Khanwilkar - cautioned the state and the doctors to be more mindful of time and sensitive to such cases at hand.

"It has to be borne in mind that element of time is extremely significant in a case of pregnancy as every day matters and, therefore, the hospitals should be absolutely careful and treating physicians should be well advised to conduct themselves with accentuated sensitivity so that the rights of a woman is not hindered."

The court also suggested that "the fundamental concept relating to bodily integrity, personal autonomy and sovereignty over her body have to be given requisite respect while taking the decision and the concept of consent by a guardian in the case of major should not be over emphasized."