The Gujarat High Court's "lackadaisical attitude" in determining a juvenile rape victim's request to end her pregnancy was criticised by the Supreme Court of India. Concerned by the case's delay and the high court's lack of urgency, the top court voiced its displeasure. As a result, the victim, who is presently 26 weeks pregnant, will undergo a new medical examination, and the Supreme Court has demanded a report by Sunday night.
The victim's attorney revealed to the court during the hearing that a medical board had recommended ending the pregnancy, but the high court had rejected the request. The attorney further emphasised the case's timetable, noting that the Gujarat High Court was contacted on August 7 and that the matter had its first hearing on August 8. On August 10, the medical board turned in its findings, and the matter was scheduled for another hearing on August 23.
The Supreme Court criticised the high court for the delay, raising concerns as to why the case was tabled until August 23 and highlighting the necessity of speed in such situations. The bench asked for a new report from the medical board and instructed the petitioner to visit a hospital for testing. The most recent status report must be submitted by Sunday night in order for the court to consider it on Monday.
The Gujarat government was also asked for comment by the Supreme Court, which set the next hearing date for August 21. The pregnancy was getting close to 28 weeks; therefore, the petitioner's attorney warned the court that urgent action was required.
Another finding by the Supreme Court was that the order from the Gujarat High Court dated August 17 was not visible on the official website. In order to find out when the order will be posted online, the court instructed the secretary general to get in touch with the high court's registrar general.
This case emphasises the value of making prompt decisions in pregnancy termination cases, particularly when minors and rape victims are involved. The Gujarat High Court's handling of the issue was criticised by the Supreme Court, which highlights the necessity for promptness and tact in such situations.
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