No passing order against superior court, Supreme Court raps Gujarat High Court
SC allows rape survivor to terminate pregnancy, says conception outside marriage is injurious
New Delhi: The Supreme court on Monday criticised Gujarat High Court for passing an order on Saturday against the top court’s order. The Supreme Court said passing an order against a superior court's ruling by any court is against constitutional philosophy.
The matter relates to a petition by a rape survivor, seeking permission to terminate her pregnancy. The top court's remarks came after the order passed by the high court on Saturday, even after the Supreme Court listed the matter for today, reports NDTV.
Justice B V Nagarathna said, "We do not appreciate High Court's counterblast to Supreme Court's orders. What is happening in High Court of Gujarat? Do judges reply like this to superior court's order? We do not appreciate this."
Permission for termination of pregnancy
Observing that pregnancy outside marriage is injurious and a cause of stress, the Supreme Court on Monday allowed a rape survivor to undergo medical termination of her over 27-week pregnancy.
Taking note of the survivor's medical report, a bench of Justices B V Nagarathna and Ujjal Bhuyan said the Gujarat High Court was not right in rejecting the prayer for termination of pregnancy.
The top court said in Indian society within the institution of marriage, pregnancy is a reason for joy and celebration not only for the couple but for the family and friends, reports PTI.
"In contrast, pregnancy outside marriage is injurious, particularly in cases of sexual assault or abuse and is a cause of stress and trauma affecting the physical and mental health of pregnant women. Sexual assault of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury. This is because such a pregnancy is not voluntary or mindful.
"In view of the above discussion and the medical report, we permit the appellant to terminate her pregnancy. We direct her to be present in hospital tomorrow so that procedure for termination of pregnancy can be carried out," the bench said.
The apex court said if the foetus is found to be alive, the hospital shall give all necessary assistance, including incubation to ensure the foetus survives.
If it survives, the State shall take steps to ensure the child is adopted in accordance with the law, it said.
In a special sitting, the top court on Saturday expressed displeasure over the Gujarat High Court adjourning the survivor's plea for medical termination of her pregnancy, and said "valuable time" has been lost during the pendency of the matter.
Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for the termination of pregnancy is 24 weeks for married women, special categories including survivors of rape and other vulnerable women such as the differently-abled and minors.
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Death toll from Israeli strikes in northeast Lebanon rises from 8 to 24, Lebanese news agency says
Deir al-Balah, Nov 1: Israeli airstrikes on Friday killed at least 24 people in northeastern Lebanon, the country's news agency said, raising the death toll from eight there.
It was the latest deadly toll in the area since the conflict between Israel and the Lebanese group Hezbollah escalated last month.
Israel's military has said that its operation in Lebanon is targeting Hezbollah's military infrastructure.
Lebanon's state National news Agency reported four airstrikes in different villages across country's northeast, saying rescuers were still searching for survivors in Younine, a town in the Bekaa Valley, from the rubble of a targeted house.
Hussein Haj Hassan, a Lebanese lawmaker representing the region in Baalbek-Hermel region, said that 60,000 people have already fled their homes in the area due to Israeli bombardment.
