Prayagraj – The Allahabad High Court is examining the challenges rape victims face in accessing timely medical termination of pregnancy, even with existing standard operating procedures in place. The court is currently hearing a suo moto Public Interest Litigation (PIL) concerning a minor rape victim seeking to terminate her pregnancy.
Delayed Access to Care
Justices Saumitra Dayal Singh and Indrajeet Shukla observed on February 6 that victims often discover their pregnancies at a late stage, potentially due to a lack of awareness regarding their rights and available procedures. The court noted that legal provisions allow for termination up to 20 weeks, with a maximum limit of 24 weeks.
While acknowledging the existence of laws and SOPs in Uttar Pradesh designed to facilitate access to these services, the court indicated that individuals continue to seek judicial intervention for pregnancy termination. This suggests flaws in the implementation of existing protocols.
Expanding Support for Victims
The bench highlighted the necessitate for comprehensive support systems for victims, including options for carrying pregnancies to term with provisions for adoption. The court also emphasized the importance of ensuring compensation for victims and preserving fetal evidence for trial purposes.
The court stated that providing pregnancy tests to potential victims could assist ensure decisions regarding continuation or termination are made within the 24-week legal timeframe. The court has requested a hearing be scheduled for March 13.
Frequently Asked Questions
What prompted the Allahabad High Court’s review of this issue?
The court initiated the review while hearing a suo moto PIL involving a minor rape victim seeking to terminate her pregnancy.
What timeframe exists for legal termination of pregnancy in these cases?
Laws permit termination of pregnancies resulting from rape up to 20 weeks, with a maximum limit of 24 weeks.
What specific improvements did the court suggest?
The court suggested providing nodal authorities and expert counselors, offering schemes for full-term pregnancies and adoption, ensuring compensation for victims and providing access to early pregnancy testing.
How can states better support victims of sexual assault in accessing reproductive healthcare?
