Supreme Court Grants Compensation to Rape Survivor Denied Abortion Due to Delays

The Supreme Court of India recently delivered a landmark judgment in a case that highlights the plight of sexual assault survivors who are denied timely medical intervention. The case revolved around a destitute woman, referred to as Ms. Z, who had been raped and later sought an abortion. Due to bureaucratic delays and legal hurdles, she was forced to continue her pregnancy. The Supreme Court not only set aside the decision of the High Court that had refused her abortion but also awarded her compensation for the mental and physical trauma she endured.

Background of the Case

The appellant, a 35-year-old homeless woman from Bihar, was found living on the footpath and was admitted to a government shelter home under the Mukhyamantri Bhikshavriti Nivaran Yojna. She was later found to be pregnant and revealed that she had been raped. The authorities at the shelter home acted swiftly and took her to a government hospital, Patna Medical College and Hospital (PMCH), for medical termination of pregnancy.

However, despite her consent and the medical necessity, the hospital failed to perform the abortion. The delay resulted in her pregnancy advancing beyond 20 weeks, the legal limit under the Medical Termination of Pregnancy (MTP) Act, 1971. The matter was then taken to the High Court of Patna.

Legal Battle and High Court Ruling

When the matter was brought before the High Court, it ruled against the woman’s request for abortion, citing the advanced stage of pregnancy and potential medical risks. The High Court further directed that the woman be kept in a rehabilitation center and provided medical care throughout her pregnancy.

Arguments by the Parties

Petitioner’s Arguments

The petitioner, represented by Ms. Vrinda Grover, argued:

• The hospital authorities failed to perform their statutory duty under the MTP Act, leading to the pregnancy crossing the legal limit for abortion.
• The woman had given her clear and informed consent for termination of pregnancy, which should have been sufficient to proceed with the procedure.
• The High Court erred in focusing on the unborn child rather than the rights and dignity of the survivor.
• The woman, being HIV-positive and mentally challenged, should not have been forced to continue the pregnancy.

Respondent’s Arguments

The State of Bihar argued:

• That they had provided the necessary facilities and did not intend to delay the medical termination.
• The delay occurred due to legal complexities and the need to obtain consent from her family.
• Since the pregnancy had advanced beyond 20 weeks, the High Court’s decision was legally justified.

Supreme Court’s Observations and Judgment

The Supreme Court took a strong stance against the negligence of the hospital and the insensitivity shown by the authorities in handling the case.

“The mental torture on certain occasions has more grievous impact than the physical torture… The appellant has been constrained to suffer grave mental injury due to the inaction and delays caused by the authorities.”

The Court emphasized that:

• The woman’s right to reproductive choice must be respected and should have been prioritized.
• Since she was an adult and capable of giving consent, there was no need for approval from family members.
• The authorities violated her fundamental rights by delaying her abortion and forcing her to continue an unwanted pregnancy.
• The medical professionals should have acted promptly in accordance with the MTP Act.

Compensation Awarded

The Supreme Court awarded Rs. 10,00,000 (Ten lakh rupees) as compensation to the survivor for the pain, trauma, and violation of her rights. The Court directed that the amount be kept in a fixed deposit for her welfare and ensured that she receives proper medical care for her and her child.

This judgment marks an important precedent for reproductive rights in India, reinforcing that a woman’s bodily autonomy must not be compromised due to procedural delays or administrative inefficiencies.

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Download Judgment: Ms. Z vs The State of Bihar & Supreme Court of India Judgment Dated 17-08-2017.pdf

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