SC directs AIIMS to examine HIV+ pregnant rape survivor

The Supreme Court on Wednesday came to the rescue of an HIV-affected woman to consider a plea for aborting her 26-week foetus. A three-judge bench headed by Justice Dipak Misra directed a panel of doctors from AIIMS to examine her, and ordered the Union government to arrange for her travel to Delhi from Patna by Thursday.

The court was hearing a plea by activist-lawyer Vrinda Grover on behalf of the woman, who was sexually assaulted in Patna and is 26-weeks pregnant. The woman, said to be mildly retarded, is presently undergoing rehabilitation in Patna.

“The issue is related to the dignity of a sexually assaulted destitute woman, who is suffering from a serious ailment,” said the bench, also comprising Justices A M Khanwilkar and Mohan M Shantanagoudar. 

The court directed Additional Solicitor General P S Narasimha to furnish her medical report on Monday.

According to Vrinda, the case was handled poorly by the Bihar government. The Patna High Court had earlier refused to intervene in the case. The high court said as the woman’s pregnancy had crossed the legal embargo of 20 weeks under the Medical Termination of Pregnancy Act, 1971, it was unsafe to medically terminate her pregnancy.

The woman had earlier appealed to the government to grant her permission to terminate the pregnancy when it was 17 weeks.

“Acting with due alacrity and absolute sympathy for the woman, the court has now ordered her medical examination by a panel of doctors,” Vrinda said.

DH News Service