SC turns down HIV+ rape victim's plea to terminate pregnancy

35-year old woman, raped on the streets of Bihar, sought abortion at 17 weeks. Both Bihar High Court and the Supreme Court denied abortion, citing risks to the woman. Bihar government asked to pay compensation of Rs 3 lakhs within 4 weeks.

The Supreme Court has turned down the plea of a raped HIV+ woman to terminate her 26 week old pregnancy. The 35-year-old woman, previously a mother of two and married was abandoned by her husband. She was raped on the streets of Patna and conceived as a result of this. 

She had sought abortion when she was 17 weeks pregnant, but was denied it by the Patna Medical College and Hospital (PMCH) for lack of identity proof. The Patna High Court refused to permit her to terminate the pregnancy after a medical board that examined here said that there was grave risk to her life if the procedure was carried. 

This was corroborated by the panel of doctors in AIIMS who examined her, as per the instructions of the SC. 

In the hearing by the SC, it was said that the woman could not abort the foetus as the medical report suggested that it would be risky for the mother and the child. The bench, comprising Justices Dipak Misra and AM Khanwilkar also said that the rape victim was eligible for a compensation under the provision of CrPC. It further directed the Bihar government to pay her Rs 3 lakh within the next four weeks. 

It also directed the state government to provide her with all the medical facilities at Patna's Indira Gandhi Institute of Medical Sciences (IGIMS) according to the treatment chart that will be given to her by the doctors at AIIMS here.