"Supreme Court's Saturday Session Criticizes Gujarat High Court's Handling of Rape Survivor's Pregnancy Termination Case
In an unusual Saturday session, the Supreme Court expressed its dissatisfaction with the Gujarat High Court's handling of a case involving a 26-week pregnant rape survivor who sought permission for pregnancy termination. The case, identified as XYZ vs State of Gujarat, saw Justices BV Nagarathna and Ujjal Bhuyan raising concerns about the initial delay caused by the High Court's adjournment.
Justice Nagarathna questioned the rationale behind the case being postponed until August 23, despite receiving the medical report on August 10. She emphasized the need for urgency in such sensitive matters and criticized any lackadaisical approach. This sentiment was echoed in the Supreme Court's official order.
The Supreme Court's order pointed out the perplexing delay of 12 days in listing the case after receiving the medical report, stressing the critical importance of time in cases like this. The petitioner had sought pregnancy termination while being 26 weeks pregnant at the time of approaching the court, underscoring the significance of prompt action.
Consequently, the Supreme Court demanded a response from the Gujarat government and ordered a fresh medical evaluation of the rape survivor. The court set Monday as the date for further proceedings, instructing the petitioner to undergo another examination and submit a current status report by Sunday 6 PM.
The case pertained to an appeal challenging the Gujarat High Court's decision on August 17, which denied the request for terminating the pregnancy of the rape survivor. The appeal was presented by advocate Vishal Arun Mishra, with representation for the survivor by advocate Shashank Singh. The survivor's legal counsel highlighted that the medical board had indeed recommended pregnancy termination, and expressed concern over the delay in uploading the challenging order.
Advocate Swati Ghildiyal represented the State of Gujarat during the proceedings.
Saturday sessions have recently become more frequent in the Supreme Court. Earlier instances include a suspension of a Bombay High Court decision in October and the stay of an Allahabad High Court order related to astrology in June. In another Saturday hearing in July, the Supreme Court granted activist Teesta Setalvad interim bail in a case linked to the 2002 Gujarat riots."
TAGS: Supreme Court Saturday session Gujarat High Court rape survivor pregnancy termination delay medical report urgency sensitive case legal proceedings adjournment response medical evaluation status report appeal legal counsel State of Gujarat order criticism sensitivity prompt action time importance special hearing recent instances Bombay High Court Allahabad High Court astrology case Teesta Setalvad 2002 Gujarat riots.
