SOPs in place, but rape survivors face hurdles in abortion , says HC

Prayagraj: Dealing with a suo motu public interest litigation arising out of a writ petition whereby a Pocso survivor sought termination of pregnancy, the Allahabad high court has observed that though standard operating procedures are in place for medical termination of pregnancies up to 24 weeks, the courts are still faced with petitions filed by rape survivors who often gain knowledge of the pregnancy at delayed stages.The court has sought an affidavit from the principal secretary, Medical Health and Family Welfare, which takes care of women and child health. The bench comprising Justices Saumitra Dayal Singh and Indrajeet Shukla was hearing a suo moto PIL registered to address the concern of the society with respect to care required to be taken of the rape survivors and also with respect to the other persons who may be facing unwanted pregnancy. The court, in its order dated Feb 6, observed: "Since law permits termination of such pregnancies up to 20 weeks and not more than 24 weeks, arising from the peculiar and unfortunate circumstances arising from a heinous occurrence of rape, often knowledge of pregnancy is gained/disclosed late and sometimes perhaps due to lack of understanding and knowledge of the laws and the procedures, precious time is lost to the victims and their families."
"They turn up late. Wherever time permits, the court has regularly provided urgent measures to grant appropriate relief or to pass appropriate orders in such petitions. However, despite the SOP being put in place, the flow of petitions has not come to an end," observed the bench.Noting that law and SOPs existed in UP, showing the willingness of the state to comply with the law, the court observed that despite that, the individuals were approaching the court in writ jurisdiction to terminate such unwanted pregnancies.The court said that there are flaws in the execution of the SOPs enacted by the state.It further noted that the state must have schemes for the survivors where they choose to carry their pregnancies to full term and also, in cases where they may want to give the child up for adoption. Compensation to the survivors and preservation of the foetus for trial were also highlighted by the court. "In short, while at present, we are not proposing any specific new measure to be adopted by the state-either to provide for enhanced compensation etc., we do feel that the state must have a comprehensive policy, complete with procedural details and effective monitoring at all levels, to be applied from the point of the rape being first reported or unwanted pregnancy being first reported to the point of medical termination of pregnancy is offered and/or the victim treated for the same," it said.The court observed, "Unless nodal authorities are provided in conjunction with other professionals and officers and agency such as an expert Counselor who may counsel the victim as also her family, if required as to the options available with respect to termination of pregnancy etc. as also the probationary officers and medical experts, from the point of the occurrence of rape being reported, the desire of the State to take care of such unfortunate citizens, may remain unfulfilled." The court has fixed March 13 as the next date of hearing in the case.