The Supreme Court on Friday asked the government to respond to a plea to constitute district medical boards with expert gynaecologists and even paediatricians to help rape victims.
A Bench led by Chief Justice of India Sharad A. Bobde was hearing the case of a 14-year-old rape victim seeking an abortion.
However, following a report from a medical board, to which the apex court had referred her, the victim withdrew her plea for termination of pregnancy.
But advocate V.K. Biju, appearing for the girl, said this case highlighted the need for setting up medical boards in every district so that clients like his, who are rape victims, could benefit from early medical intervention and not be forced to go through another trauma. Mr. Biju said he had seen, first-hand, the pain and suffering of the victim and her parents.
Chief Justice Bobde agreed with Mr. Biju.
The Chief Justice said a rape victim should receive timely aid and advice to exercise her rights and options.
“There should be some mechanism for that. It will be helpful if there is a local board... We will issue notice,” the CJI said.
The Medical Termination of Pregnancy Act of 1971 bars abortion if the foetus has crossed the 20-week mark. An exception to the law is made if a registered medical practitioner certifies to a court that the continued pregnancy is life-threatening for the mother.
There has been a strong push against this law, which imposes severe restrictions on the reproductive choice of a woman, her personal liberty and bodily autonomy. Several affected women, even rape survivors, have approached the apex court against the 1971 law. So far, the apex court has dealt with pleas for medical termination of pregnancy on a case-to-case basis.
The Supreme Court had several years ago admitted a petition specifically seeking the decriminalisation of abortion. The petition had contended that the “right to exercise reproductive choice is the right to choose whether to conceive and carry pregnancy to its full term or to terminate it. This choice is at the core of one’s privacy, dignity, personal autonomy, bodily integrity, self determination and right to health recognised by Article 21 of the Constitution.”
