Orissa HC says no to termination of pregnancy of rape survivor

CUTTACK: THE Orissa High Court on Wednesday directed the State Chief Secretary to ensure effective implementation of a slew of directions including constitution and establishment of medical boards under the Medical Termination of Pregnancy Act, 1971, in all districts to fasten examination and action involving continuance or termination of pregnancy in case of rape survivors. 

While expecting the medical boards to function as expeditiously as possible, the High Court directed for formation of district level committees to ensure that there are sufficient approved places in terms of the Act in all districts under the supervision of the Chief District Medical Officers (CDMOs). 

The Single Judge Bench of Justice Biswanath Rath issued the directions in a judgment declining grant permission for termination of 24 weeks pregnancy of a 22-year-old rape victim on the basis of a report submitted by the Jagatsinghpur CDMO. The case was registered at the Kujang police station. The report stated that the girl has to be allowed to continue the pregnancy as termination may pose threat to her life. 

However, Justice Rath asked the State Government to pay her ex-gratia of Rs  5 lakh within seven days. He further directed Government to pay the girl Rs  3 lakh in case of a male child and Rs  5 lakh if she gives birth to a girl child within 10 days of delivery. The girl’s mother had filed the petition.

“If a woman gets pregnant following a sexual assault, she is to be given the report of undergoing an abortion and protocols under the Medical Termination of Pregnancy Act are to be followed. Further, products of conception (POC) should be sent to proper custody as evidence and other required purpose including DNA test under the direction of the Court of competent authority “, the Judgment also said.  

Justice Rath said that once an incident of rape - be it on minor, minor and mentally retarded, minor and physically handicapped, unmarried major, married major, mentally retarded major and physically handicapped major - is reported to police within eight weeks period, police and the CDMO will take consent of the guardian or mother of the victim as to whether they are interested to continue with the pregnancy or terminate it. 

“In case no interest is shown towards continuing with pregnancy, the CDMO should undertake pregnancy termination under the provisions of MTP Act, 1971. In case interest for termination is not shown then police and CDMO are to take care of both mother and unborn child pre-delivery and post-delivery for at least a year after birth of the child”, Justice Rath said in the judgment.