Orissa High court Rape Victim pregnancy tremination

Alka Verma-

Published On: November 18, 2021 at 14:51 IST

On Tuesday, the Orissa High Court ordered the State Government to pay Rs. 10 lakhs as a Compensation to a Rape Victim Survivor, who got pregnant after the Heinous act.

However, the Court also denied the woman the right to end her 26-months old pregnancy.

The Court denied the termination after observing that the provisions of Medical Termination of Pregnancy Act, 1971 doesn’t permit such an act of Termination.

“Viewed from every angle, the provisions of the Medical Termination of Pregnancy Act, 1971 do not permit the termination of pregnancy of the Petitioner,” stated the Bench of Justice S.K. Panigrahi.

The Court made these directions while dealing with a Challenge Petition filed by the 20-year-old Rape Survivor wherein, she challenged the order of the Court of Sub-Divisional Judicial Magistrate Court, Banki.

In her Petition, she mentioned that she was a 20-year-old unmarried girl and must be given permission to Terminate her pregnancy which eventually was denied by S.D.J.M.

Adding to this, Petitioner also mentioned that not only physically, she also suffered mentally and socially after this act. The Petitioner mentioned that she feels insecure to step out of her house.

However, according to the report of S.C.B. Medical College and Hospital, Cuttack, to undergo pregnancy termination at this time, may endanger the Mother’s life or even lead to an irreversible impairment of a Bodily function.

The High Court after noting all these situations, observed, “Rape is a Crime not only against a woman but against humanity at large as it brings out the most brutal, depraved and hideous aspects of human nature. It leaves a scar on the psyche of the Victim and an adverse impact on society.”

Further, talking about social strands attached to the act of Rape, the Court observed, “There is no other legal option for her but to undergo suffering and deliver the baby since the pregnancy is over twenty-six weeks old.”

At last, the Court ordered a compensation of Rs. 10 lakhs and furthermore ordered the District Collector, Cuttack to arrange all the necessary arrangements throughout her Pregnancy including proper diet, Medical supervision and Medicines.

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