Prayagraj (UP), February 13 The Allahabad High Court has observed that while standard operating procedures are in place for medical termination of pregnancy up to 24 weeks, courts are still dealing with petitions filed by victims of rape, who often learn about their pregnancy at a later stage.
In a suo moto PIL where a minor rape victim sought termination of her pregnancy, a bench comprising Justices Saumitra Dayal Singh and Indrajeet Shukla on February 6 sought an affidavit from the Principal Secretary (Medical Health and Family Welfare) in Uttar Pradesh, ensuring the health and well-being of women and children.
"Since the law allows termination of such pregnancies up to 20 weeks and not more than 24 weeks, rape victims often learn about their pregnancy late, and sometimes, perhaps due to a lack of understanding and knowledge of the laws and procedures, valuable time is lost for the victims and their families," the bench said.
Noting that laws and SOPs exist in the state, and demonstrating a willingness to comply with legal provisions, the court observed that individuals still approach the court to terminate unwanted pregnancies.
The bench also pointed out that there are flaws in the implementation of the state's SOPs.
It also noted that the state should have schemes for the victims, allowing them to carry their pregnancies to term, as well as in cases where they may want to give the child up for adoption.
The court also emphasized compensation for the victims and preservation of the fetus for trial.
"Unless nodal authorities are provided, along with other professionals and officers and agencies, such as an expert counselor who can counsel the victim and her family about the options available regarding termination of pregnancy, etc., the state's desire to care for these unfortunate citizens may remain unfulfilled," the bench said.
The court also said that measures must be provided to avoid exceeding the 24-week limit, including providing pregnancy tests to the victims, so that they can exercise the option to keep or terminate the pregnancy within the 24-week limit.
The court fixed March 13 as the next date for hearing the case.