"What is happening in Gujarat High Court?” Supreme Court questions Gujarat High Court’s ‘lackadaisical attitude’ in providing relief to a rape survivor

The Supreme Court on Monday came down heavily upon the Gujarat High Court for ruling over the SC’s orders, calling it ‘ruling against constitutional philosophy.’ The matter pertains to a rape survivor, who sought permission to terminate her pregnancy.


The Gujarat High Court passed its order on Saturday, in spite of the SC listing the matter for hearing today. "What is happening in Gujarat High Court? No court in India can pass an order against a superior court order. It is against constitutional philosophy," said the Supreme Court Bench comprising of Justice BV Nagarathna and Justice Ujjal Bhuyan. While the Supreme Court has allowed the termination of pregnancy, the Gujarat High Court had previously denied her the termination rights.


The Supreme Court on Saturday questioned the Gujarat High Courts ‘lackadaisical attitude’ in providing relief to the petitioner, stating that ‘valuable time’ has been lost. Following which, the SC listed the petition for hearing today, and issued notices to the Gujarat Government, seeking their response on the rape survivor’s plea.


"There was a clerical error in the previous order and that was fixed on Saturday. It was a misunderstanding," said Solicitor General Tushar Mehta, representative of the Gujarat High Court. He stated that the order passed by the HC on Saturday was only to fix some inadvertent ‘clerical errors.’

The rape survivor’s counsel notified the Supreme Court that the matter was taken up by the High Court on August 8, after which, a medical board was formed that looked into the woman’s pregnancy and medical condition. A medical collage ran tests and carefully examined her vitals and submitted a report on August 10. As stated by the petitioner’s counsel, the report has ruled that her pregnancy can be terminated.

The Supreme Court stated that the report was taken by the Gujarat HC on August 11; however, the matter was listed for hearing 12 days later. "In such cases, there must be not undue urgency, but at least a sense of urgency in such matters and not a lackadaisical attitude of treating it as any normal case and just adjourning it. We are sorry to say and make this remark," said the ruling bench. “Losing sight of the fact that every day's delay was crucial and of great significance having regard to the facts and circumstances of the case", the bench added.

The petitioner’s counsel had informed the SC that she is currently approaching the 28th week of her pregnancy, and a fresh set of medical examinations were needed to determine the position of the fetus and the subsequent termination, if possible. The court therefore, had asked the 25 year old petitioner to appear before a medical board again.

The Supreme Court today examined the fresh medical report and granted the survivor the permission to terminate her pregnancy. The SC also said, "Subsequent to the medical procedure to be carried out, in the event the fetus is found to be alive, the hospital is to give all facilities including incubation to ensure the fetus survives. The State shall then take steps to ensure the child is adopted in accordance with law”, thus ensuring full medical support to the 25 year old rape survivor.