The rape victim is mentally challenged and is in no position to take care of the child. Although the state court took no time to get the woman examined, the medical bench denied her an abortion given the risk that came with it. She reportedly came to realise the pregnancy at 13 weeks when she was taken in a shelter and a medical test was conducted.
As per the directive of Supreme Court, a woman who was wrongly denied abortion by authorities in Bihar, will be provided a compensation of Rs 10 lakh. Upholding the concept of a woman's sovereignty over her body, the SC said that it should be respected. It also said that there was no need for the woman to take the consent of her guardians, given her mental condition.
The woman was reportedly raped on the streets of Patna but was not allowed by the medical board in Patna to undergo an abortion since it was a 26-week pregnancy. She reportedly came to realise the pregnancy at 13 weeks when she was taken in a shelter and a medical test was conducted. While that happened in January, it took a long time and process to reach the Supreme Court for justice. The bench, headed by Justice Dipak Misra said, "The fundamental concept relating to bodily integrity, personal autonomy and sovereignty over one’s body has to be given requisite respect while taking the decision (on MTP) and the concept of consent by a guardian in the case of a major should not be overemphasized."
He further added, "Hospitals should be absolutely careful and the treating physicians should be well-advised to conduct themselves with accentuated sensitivity so that the rights of a woman are not hindered." The judges further observed that it was really unfortunate that despite the speedy action by the state court to get the woman examined, the medical tests stated that there was a risk to the victim. The bench also acknowledged that the woman had suffered impairment and the repurcussions of the rape will chain and enslave her.
The court said that the compensation will help the woman to lead a life of dignity. “We have so directed as we want that the money to be properly kept and appropriately utilised. It may also be required for the child's future. That apart, it is directed that the child to be born shall be given proper treatment and nutrition by the state and if any medical aid is necessary, it shall also be provided," it concluded.
