Supreme Court criticises Gujarat High Court for its ‘counterblast’ in abortion case
The Hindu
The Supreme Court on Monday expressed strong displeasure at the Gujarat High Court’s “counterblast” to its criticism about the manner in which a 25-year-old rape survivor’s plea for abortion was handled by the High Court. The Saturday hearing had seen the Bench criticise the Gujarat High Court for adjourning the case for 12 whole days, literally defeating the woman’s race against time to get an abortion, and eventually dismiss it. On Monday, Justices Nagarathna and Bhuyan were informed by lawyers that the Gujarat High Court had convened a suo motu hearing in the same case, shortly after the Supreme Court hearing had ended on Saturday.
The Supreme Court on Monday expressed strong displeasure at the Gujarat High Court’s “counterblast” to its criticism about the manner in which a 25-year-old rape survivor’s plea for abortion was handled by the High Court.
The apex court had held a special session on Saturday, August 19, on an appeal filed by the woman, seeking an urgent hearing of her plea to medically terminate the pregnancy, which was already nearing 28 weeks.
A Special Bench of Justices B.V. Nagarathna and Ujjal Bhuyan, which heard the case on August 19, immediately ordered the woman to be medically examined and scheduled the case on August 21 for orders.
The Saturday hearing had seen the Bench criticise the Gujarat High Court for adjourning the case for 12 whole days, defeating the woman’s race against time to get an abortion, and eventually dismiss it.
Explained | What are India’s laws on abortions?
On Monday, Justices Nagarathna and Bhuyan were informed by lawyers that the Gujarat High Court had convened a suo motu hearing in the same case, shortly after the Supreme Court hearing had ended on Saturday.
The apex court Bench was informed that the High Court had passed an order to “clarify” that the adjournment was given to obtain her view on whether she was willing to give her child into State custody.
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