Supreme Court Seeks Centre's Response On Plea For Constitution Of District Wise Medical Boards To Assist Rape Victims

Supreme Court seeks Centre's Response on prayer seeking constitution of district wise Medical Board all over India to protect and deal with rape victims.

A division Bench of CJI SA Bobde and Justice Bopanna has issued notice the Centre while hearing the plea filed by a 14 year old girl seeking termination of her 26 weeks old pregnancy. The Bench had previously asked the Medical Board to submit a Report regarding feasibility of the pregnancy termination.

During the hearing Advocate VK Biju appearing for the petitioner before the Court submitted that the they had gone through the Medical report and are withdrawing the prayer for termination of the pregnancy. However, he stated that they have added another prayer, which seeks constitution of Medical Boards on all districts to assist and help such rape victims.

" I have seen the pain of the parents " - he said.

The Bench noted that they will issue notice to the Centre on that prayer, and seek their response.

Bench addressed ASG Aishwarya Bhati appearing for the Centre, and stated that : " It is a different case when rape is not reported to you, but when it is, there can be a Board."

The Bench further observed that a girl who gets impregnated because of rape, should know her legal rights, and options that she has. There should be some mechanism for that.

"Its a narrow compass, see what can be done" CJI stated.

ASG Bhati informed the Court that the Medical Termination of Pregnancy Amendment Bill has been passed by Lok Sabha and will be placed before Rajya Sabha, and will also make a difference. She added that the details regarding the same will be included in the Centre's affidavit.

Petitioner Counsel Advocate VK Biju thanked the CJI bench and expressed his gratitude for having shown gratefulness to the victim.

In the present case seeking termination of pregnancy, the Court had previously directed the Medical Board to submit its report on feasibility of the medical termination in a sealed cover.

In a previous hearing before the same Bench, Advocate VK Biju appearing on behalf of the victim girl had requested the Court to direct the medical Board to look into the matter and hear the matter soon as the girl is already in her 26th week of pregnancy.

The Court however had issued notice to Union of India and the State of Haryana, and asked for the Medical Board's Report By 5th March 2021.

In the present case it has been alleged that the petitioner victim who is 14 years old and an 8th class student, was raped by her father's first cousin and therefore impregnated by him. Its been alleged that the accused raped her and also used her nude pictures to threaten her. According to the ultra sound report, the girl pregnant for 25-27 weeks and 2 days, plus or minus two weeks.

The petitioners have also taken the ground that as the accused was a direct blood relative of the victim petitioner, the child born could have mental and physical abnormalities and therefore termination of pregnancy should be allowed