Supreme Court Rebukes Gujarat High Court Over Contradictory Ruling on Rape Survivor’s Pregnancy Termination

New Delhi, August 21, 2023: The Supreme Court delivered a stern reprimand to the Gujarat High Court for its recent order that contradicted the superior court’s stance, stating it goes against the constitutional framework. The episode unfolded within the context of a petition filed by a rape survivor seeking permission to terminate her pregnancy.

Despite the Supreme Court having scheduled the matter for discussion, the high court issued a conflicting verdict on Saturday. The Supreme Court eventually granted permission for the pregnancy termination.

Expressing dismay at the Gujarat High Court’s actions, the Supreme Court bench, comprising Justice B V Nagarathna and Justice Ujjal Bhuyan, firmly asserted, “What is happening in Gujarat High Court? No court in India can pass an order against a superior court order. It is against constitutional philosophy.”

Solicitor General Tushar Mehta, representing the Gujarat government, clarified that the high court’s Saturday order was intended to rectify a “clerical error.” He highlighted, “There was a clerical error in the previous order and that was fixed on Saturday. It was a misunderstanding.” He further indicated the state government’s intention to request the judge to retract the order.

The Supreme Court’s reaction came after it flagged the high court’s delay in addressing the rape survivor’s plea, noting the loss of “valuable time.” The bench issued notices to the Gujarat government and others, condemning the high court’s “lackadaisical attitude.”

The survivor’s counsel informed the Supreme Court that the petition was submitted on August 7, with the high court addressing it the following day. A medical board was subsequently established to assess the petitioner’s pregnancy and health. A medical college examined the survivor, endorsing pregnancy termination on August 10. However, the high court’s listing delay was criticized by the Supreme Court as lacking urgency.

Following fresh medical examination, the Supreme Court permitted the pregnancy termination, underlining the importance of facilities for the fetus’s survival if found viable. The court mandated that, if the fetus survives, the state ensures adoption in accordance with the law.