Allahabad High Court Demands Action on Delayed Pregnancy Terminations for Rape Survivors
In a significant development, the Allahabad High Court has taken suo motu cognizance of a critical issue affecting rape survivors in Uttar Pradesh. The court has expressed deep concern over the persistent delays in accessing medical termination of pregnancies (MTP), despite existing standard operating procedures (SOPs) that permit abortions up to 24 weeks under specific circumstances.
Court's Observations on Systemic Failures
The bench, comprising Justices Saumitra Dayal Singh and Indrajeet Shukla, highlighted that while the law allows termination of pregnancies resulting from rape up to 20 weeks, and in exceptional cases up to 24 weeks, many survivors gain knowledge of their pregnancy at advanced stages. This delay often stems from a lack of awareness about legal provisions and procedural complexities, causing precious time to be lost for victims and their families.
"They turn up late," the court noted in its order dated February 6, adding that despite the SOPs in place, the flow of petitions from survivors seeking court intervention has not ceased. The bench emphasized that this indicates flaws in the execution of state-enacted protocols, undermining the intended support for these vulnerable individuals.
Call for a Comprehensive State Policy
The court has directed the Principal Secretary of Medical Health and Family Welfare in Uttar Pradesh to submit an affidavit detailing the current implementation of SOPs. It stressed the need for a holistic approach that extends beyond mere legal compliance. Specifically, the bench advocated for:
- Establishing nodal authorities with expert counselors to guide victims and their families on available options, including pregnancy termination.
- Developing schemes for survivors who choose to carry pregnancies to term or opt for adoption, ensuring adequate support throughout the process.
- Providing compensation to survivors and preserving fetal evidence for legal trials, as highlighted in the proceedings.
"Unless nodal authorities are provided in conjunction with other professionals... the desire of the State to take care of such unfortunate citizens may remain unfulfilled," the court observed, underscoring the necessity for effective monitoring at all levels from the initial reporting of rape or unwanted pregnancy to the provision of medical care.
Next Steps and Broader Implications
The court has scheduled the next hearing for March 13, 2024, to review the state's response. This case arises from a writ petition filed by a POCSO survivor seeking pregnancy termination, which prompted the court to register a suo motu public interest litigation (PIL) to address societal concerns regarding the care of rape survivors and others facing unwanted pregnancies.
While not proposing new measures like enhanced compensation at this stage, the bench insisted that Uttar Pradesh must formulate a comprehensive policy with clear procedural details. This initiative aims to bridge gaps in the current system, ensuring timely and compassionate assistance for survivors, thereby aligning state efforts with legal mandates and humanitarian needs.
