SC raises question on minor rape survivor getting pregnant

The Supreme Court on Friday flagged “issues” arising out of a law mandating doctors to disclose to authorities about a minor getting pregnant after rape and the parents opposing it.

“There are certain issues which have to be considered. The Protection of Children from Sexual Offences Act mandated the doctors to report to the authorities but the parents say don’t disclose it,” a bench of Justices Madan B Lokur and Deepak Gupta said.

The court’s remarks came while issuing a notice to the Union government, Chandigarh administration and the National Legal Services Authority on a plea by senior advocate Indira Jaising for compensation of Rs 10 lakh to a 10-year-old rape survivor, who gave birth to a baby girl on Thursday.

Indira, who assisted the court as amicus curiae in a PIL for compensation to rape victims, mentioned the matter. She relied upon the apex court’s judgement on Thursday, in case of a Bihar woman, to seek Rs 10 lakh compensation to the 10-year-old girl from Chandigarh for “post-trauma care”.

She said the 10-year-old mother cannot look after the child. A plea for abortion in her case was turned down by the apex court on advice from a panel of doctors.

The court put the matter for consideration on Tuesday.

In her brief submission, Indira questioned the scheme framed for compensation by the state government under Section 357-A of the Criminal Procedure Code. “They say that the compensation in rape cases could be provided only after filing of charge sheet,” she pointed out.

The court termed it “absurd” and agreed to examine it.

Indira also contended that doctors were hesitant to entertain a plea for termination of pregnancy, though the law allowed them to go ahead to carry out abortion in rape cases of minor girls when there is a threat to the life of the mother.

She said it has to be considered since it has got a “chilling effect”.

DH News Service