The Supreme Court set on Saturday for an urgent hearing on a petition filed by a rape victim for termination of pregnancy.

The bench of Justices BV Nagarathna and Ujjal Bhuyan issued notice on the petition and listed the case on Monday 21.08.2023 and also called a report from the Hospital.

The Gujarat High Court dismissed the request of the victim who is 27-28 weeks pregnant. 

The petition has been filed by Vishal Arun Mishra AOR and it was argued by Shashank Singh and Ms. Yogita, Advocates.

The Supreme Court while hearing the petition made certain observations against the High Court also since the High Court was very lethargic on the issue. 

It was stated by the Advocate for the petitioner that the y moved the High Court on 07th August 2023 and the same was listed on 08th Aug. The High Court has constituted a medical board on that date to ascertain the status of the pregnancy. The Board submitted its report immediately on 10th August. The case was listed before the High Court on 11th August and thereafter the same was directed to be listed on 23rd August.

It was further stated that the matter was listed before the Gujarat High Court on the 17th and the case was dismissed but the order is not uploaded yet.

The medical board's report, which said declared the petitioner clinically fit for the process of terminating the pregnancy, was submitted to Justice Samir J. Dave of the Gujarat High Court on 11th August 2023. On the next date of hearing i.e. 17 August 2023, the High Court however sought confirmation as to whether the Petitioner had opted to become pregnant and retain custody of the child or have it given to the State upon delivery. The petitioner wanted to proceed with her prayer for a pregnancy termination since she did not feel inclined to accept either of the alternatives.

The Apex Court bench also directed the Secretary General of the Supreme Court to ascertain if the order has been passed and uploaded.

The bench was very sad and anguish at the pace of the matter being conducted. It said, "How can the court stand it over to 23rd August? How many valuable days would have been lost by then?"

Case Details:-

D.No. 33790/2023