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Plea Seeking Termination Of Pregnancy Of A 14-Year Old Girl, Supreme Court Allows Lawyer Time To Seek Instructions From Victim's Family

Srishti Ojha
8 March 2021 7:41 AM GMT
Plea Seeking Termination Of Pregnancy Of A 14-Year Old Girl, Supreme Court Allows Lawyer Time To Seek Instructions From Victims Family
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Supreme Court has on Monday adjourned to Friday, the plea of a 14 year old girl seeking termination of her 26 weeks old pregnancy.A three-judge Bench of CJI Bobde, Justices AS Bopanna and V Ramasubramaniam allowed request of the girl's Counsel Advocate VK Biju who sought time till Friday to take instructions from the Victim's family."The court can take any stance on coming Friday. Meanwhile...

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Supreme Court has on Monday adjourned to Friday, the plea of a 14 year old girl seeking termination of her 26 weeks old pregnancy.A three-judge Bench of CJI Bobde, Justices AS Bopanna and V Ramasubramaniam allowed request of the girl's Counsel Advocate VK Biju who sought time till Friday to take instructions from the Victim's family.

"The court can take any stance on coming Friday. Meanwhile i will take instructions and come back to the Court. I understand seriousness of the matter. I am aware that CJI's court has showered lot of kindness to the victim." Advocate VK Biju stated

"We are glad to hear that, we have heard only the opposite point of view in the last two weeks" - CJI Bobde remarked.

"Different people different parties are saying, sometimes attacking the institution, i am always against that. I never support such tarnishing of the judges and the institution." Advocate Biju clarified.

CJI further stated that problem is not a point of view. This Court has always given the highest respect to womanhood.

In reference to last week controversy over Court's observation while hearing a rape case, CJI Bobde clarified that even on that occasion there was no suggestion from us of any kind that you should marry. We asked are you going to marry, we didn't ask him to marry.

SG Tushar Mehta submitted that Court's observation was twisted to mean that the Court suggested to marry. After being asked by CJI to read Section 165 of Evidence Act , the Court was completely in sync with statutory mandate of Section 165.

"The matter of fact is, as an institution and as a Court, We have the highest Respect for Womanhood" - CJI stated.

In the present case seeking termination of pregnancy, the Court had previously directed the Medical Board to submit its report on feasibility of the medical termination in a sealed cover.

In a previous hearing before the same Bench, Advocate VK Biju appearing on behalf of the victim girl had requested the Court to direct the medical Board to look into the matter and hear the matter soon as the girl is already in her 26th week of pregnancy.

The Court however had issued notice to Union of India and the State of Haryana, and asked for the Medical Board's Report By 5th March 2021.

In the present case it has been alleged that the petitioner victim who is 14 years old and an 8th class student, was raped by her father's first cousin and therefore impregnated by him. Its been alleged that the accused raped her and also used her nude pictures to threaten her. According to the ultra sound report, the girl pregnant for 25-27 weeks and 2 days, plus or minus two weeks.

The petitioners have also taken the ground that as the accused was a direct blood relative of the victim petitioner, the child born could have mental and physical abnormalities and therefore termination of pregnancy should be allowed

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