The Allahabad High Court has directed the Uttar Pradesh government to frame a “comprehensive policy with doable measures” to be adopted by the agencies concerned and to monitor rape cases wherein the victims require termination of pregnancy or choose to carry on with the pregnancy.
The court’s observation came while hearing a public interest litigation (PIL) registered by the High Court in September last year on the basis of suo moto cognisance of the issue relating to delay in taking appropriate steps in dealing with cases of termination of pregnancy of rape victims.
The court observed that after lodging a rape case police only look at the concerns of a successful prosecution and may lose sight of the human aspect or the needs to take care of the victim or to protect her rights, particularly with medical prevention or termination of pregnancy.
Hearing the PIL on February 6, a division bench of Justices Saumitra Dayal Singh and Indrajeet Shukla directed the state government to lay down a comprehensive policy, containing procedural details and effective monitoring to be adopted by the agencies concerned at all levels. The policy with exact doable measures should be applied from the time of rape being reported or unwanted pregnancy being first reported to the point of medical termination of pregnancy, the court stated.
The bench said the state government appears to have framed Standard Operating Procedure (SOP) and “on the face of it, it does indicate the State’s willingness to comply with the law”. “Thus, it recognizes the rights of the victim of rape to seek medical termination of pregnancy. It also refers to different categories of girls/women according to their age (who may need help in such matters),” the bench added.
The bench stated that without making any adverse observation, the court’s concern voiced in the earlier orders remains. “Often, petitions are filed seeking permission of the Court to terminate such unwanted pregnancies. Since law permits termination of such pregnancies up to 20 and not more than 24 weeks, arising from the peculiar and unfortunate circumstances arising from a heinous occurrence of rape, often knowledge of pregnancy is gained/disclosed late. Sometimes perhaps due to lack of understanding and knowledge of the laws and the procedures, precious time is lost to the victims and their families. They turn up late,” the court observed.
“Wherever time permits, the Court has regularly provided urgent measures to grant appropriate relief or to pass appropriate orders in such petitions. However, despite the SOP being put in place, the flow of petitions has not come to an end,” the bench said.
Story continues below this ad
It further observed that at present, the SOP does not appear to lay down a comprehensive policy providing for exact doable measures to be adopted by all agencies who may be involved in taking care of such persons, especially the victims of rape.
“Where the victim may choose to carry the pregnancy to full term or where for any other circumstance, pregnancy may not be terminated and therefore carried to full term, the welfare State may not become a by-stander,” the order read.
The coverage of welfare schemes to take care of “child/person/lady who may experience unwanted motherhood” may also be required to be brought in and monitored under the comprehensive SOP, it added.
“Where medical termination of pregnancy is carried out, the provision of preservation of the fetus for evidentiary value at the criminal trial or a civil proceeding may also be required to be brought in. All other terms of payment of compensation etc. be woven into such SOP as may allow the victim to be truly taken care of in the spirit of welfare, with necessary compassion and not as a matter of a legal claim,” the court stated.
Story continues below this ad
The bench directed the state government to file a further affidavit within three weeks through the Medical Health and Family Welfare Department.
The court has listed the case for next hearing on March 13.
On September 2 last year, the division bench of Justices Manoj Kumar Gupta and Ram Manohar Narayan Mishra had directed to register the suo moto PIL titled “In Re: Framing of Guidelines for sensitizing all concerned in cases of termination of pregnancies” while disposing of a petition of a minor rape victim whose pregnancy was terminated on the court’s direction.
After going through the guidelines issued by the state government, the bench had then observed, “We find that despite the above guidelines, often delay takes place at different stages thereby posing risk to the life of the victim in the event of termination of pregnancy. We feel that loopholes should be filled and procedures should be laid down for sensitization of all involved in the process.”
