HC no to rape survivor’s abortion plea

AHMEDABAD: Gujarat high court on Thursday refused to permit a 24-year-old gang rape survivor to terminate her 28-week pregnancy citing that law does not permit abortion beyond 20 weeks' pregnancy. The court, however, directed the collector to ensure that woman is provided all care towards a safe delivery and the child is not abandoned.

The married woman had moved court recently saying she became pregnant after abduction and illegal detention for over six months. When she managed to escape after months of torture, she was already many months into pregnancy. This led to delay in her moving court for permission for abortion. The woman is a native of Botad district and lives with her husband and two kids in Surat.

Turning down the plea, justice JB Pardiwala said, "She will have to bravely go ahead with the pregnancy and when time comes, she should deliver the child. I am conscious of the fact that it is easy for a judge to say so in his judgment because it is ultimately the applicant (rape survivor) who will have to face the hard days ahead, but howsoever harsh one may find the law, yet it remains the law and one has to respect it. She must understand that termination at this stage will put her own life in peril."

READ ALSO: Rape survivor's abortion plea stumps Gujarat HC

The judge said the aspect of rape is subject matter of investigation. "I am conscious of the fact that for a woman to carry a child in her womb as a result of conception through an act of rape is not only extremely traumatic for her but humiliating, frightening and psychologically devastating and as a human being, more particularly in the Indian society she becomes an object of scorn and ostracization. This is very unfortunate ... However, if labour is induced for carrying out termination of pregnancy, it could result in a live birth of a new born as the maturity of fetus is 28 weeks."

READ ALSO: 15-year-old rape survivor allowed to abort child

I will abide by the order: Rape survivor

"I and my two kids are living with my husband and in-laws. But nobody wanted this child and therefore we approached the high court as last resort. But when the court believes that abortion is not possible, we will abide by the order."

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