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SC Declines HIV-Infected Woman’s Plea To Abort, Orders Bihar Govt. To Pay 3L Compensation [Read Order]

Prabhati Nayak Mishra
9 May 2017 9:02 AM GMT
SC Declines HIV-Infected Woman’s Plea To Abort, Orders Bihar Govt. To Pay 3L Compensation [Read Order]
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The Supreme Court has declined to allow HIV-infected Patna-based woman to terminate her pregnancy, citing danger to her life.

A bench led by Justice Dipak Misra relied on the report filed by a board of doctors from the All India Medical Science (AIIMS), which suggested danger to her life, if she was allowed to terminate her pregnancy at this stage.

Accepting the petitioner counsel Vrinda Grover's submissions for compensation to the woman, the bench allowed her to shift to Patna and ordered the Indira Gandhi Institute of Medical Science, Patna, to provide her treatment as per advice of AIIMS so that the transmission of HIV to child should be reduced.

The court directed AIIMS to give draft treatment so that she will get appropriate treatment there.

Additional Solicitor General Tushar Mehta was asked to inform the government to provide all arrangements for her shifting.

The bench ordered the Bihar government to pay her Rs 3 lakh as compensation for the delay caused to her and also sought for a compliance report by August 9.

Earlier the woman, who was sexually assaulted and as a result got pregnant, approached the Patna High Court seeking termination of pregnancy.

After seeing the medical report, the high court came to hold that it would be unsafe to her life and there is state’s responsibility to keep the child alive.

Against this order, the lady approached the apex court.

Advocate Vrinda Grover, who appeared for the lady, told the bench that she was willing to be examined by a medical board at AIIMS, New Delhi. The court has directed her examination be completed before May 6.

Read the Order here.

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