Case title:
XYZ v. THE STATE OF GUJARAT & ORS.
Date of Order:
21.08.2023
Bench:
HON'BLE MRS. JUSTICE B.V. NAGARATHNA & HON'BLE MR. JUSTICE UJJAL BHUYAN
Parties:
Petitioner- XYZ
Respondent – The state of Gujarat and ors.
SUBJECT:
A women’s right for her reproductive choices.
IMPORTANT PROVISIONS
INDIAN PENAL CODE
- Section 376 (2) – states that, whoever commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.
CONSTITUTION OF INDIA
- Section 21 – asserts that, no person shall be deprived of his life or personal liberty except according to a procedure established by law
- Section 226 – asserts power of High Courts to issue certain writs
MEDICAL TERMINATION OF PREGNANCY ACT, 1971
- Section 3 – states the condition under which a pregnancy can be terminated
OVERVIEW:
The said case involves the appeal of the appellant seeking termination of her unwanted pregnancy which was the result of sexual assault on pretext of false marriage. The said appeal was first denied by the hon’ble high court of Gujarat, where the court overlooked the mental as well as the future physical health of the victim if the pregnancy were to continue. Secondly, the court had citied incorrect age of the fetus. To seek justice the victim approached the Supreme Court to give needful permission to the appellant for the termination of her unwanted pregnancy and that her mental and physical health be taken into consideration. The Supreme Court, passed the order in favour of the appellant recognizing her rights as well
ISSUES RAISED:
Whether a woman has a right to terminate the birth of an unwanted child?
ARGUMENTS ADVANCED BY THE APPELLANT
- The appellant was represented by learned Senior Counsel Mr. Sanjay Parikh.
- The appeal was brought forth the hon’ble court for the permission of termination of an unwanted pregnancy which was a result of sexual assault.
- The perpetrator on the pretext of marriage formed sexual relations with the victim, which resulted into the unwanted pregnancy.
- The victim first approached, the high court of Gujarat, when she was 25 weeks pregnant and filed a writ petition under article 226 of the Indian constitution, seeking a direction to terminate the pregnancy, considering the grave injury it could cause to her physical and mental health in the future.
- The said petition was heard by the high court and the court directed Medical Superintendent Dr. Kiran C. Patel, Medical College & Research Institute, Bharuch as well as the appellant for a medical report on the health of the victim and to check if the appellant was medical fit for the termination
- Subsequently, the high court denied the plea of the appellant without a solid ground, and without proper consideration of medical facts.
- The learned counsel argued that, certain important points of the report submitted by Medical Superintendent Dr. Kiran C. Patel, Medical College & Research Institute, Bharuch were overlooked by the high court, such as the appellant was 25 weeks and 6 days pregnant and not 27 weeks as stated by the court, when the petition was submitted in the high court. And the medical report also stated that she was medically fit for the termination of her pregnancy and that the procedure would have not adversely affected affect her future reproductive health.
- The counsel argued that the continuance of the said pregnancy posed a grave threat to both the physical as well as the mental health of the victim, and that the high court was not just in delivering justice to the victim.
- The learned counsel for the appellant backed his arguments by stating various judgments, and argued that denial for the termination of the appellant’s unwanted pregnancy would be a violation of the fundamental right vested with her by the Indian Constitution.
- He also argued that the right to abortion or any reproductive decision without the undue influence of the state should be with the woman, with proper medical assistance, and that deprivation of access to reproductive healthcare or emotional and physical well-being also injures the dignity of women.
- The learned Senior Counsel for the appellant concluded his arguments with seeking a direction to the concerned doctors to preserve evidence for subsequent DNA Test Report by drawing tissues from the fetus in order to use it as a piece of evidence in the ensuing trial to be prosecuted by the appellant herein.
JUDGEMENT ANALYSIS:
The apex court after hearing the facts, and by the help of the medical examination reports which stated that the woman is medically fit for the said termination, allowed the plea for the termination of the unwanted pregnancy which was result of sexual abuse. The court also advised for a DNA sample to be preserved for the future trial.
CONCLUSION:
The judgment by the supreme court set a precedent for the future cases where the court prioritize the right of the women for making reproductive choices and preserving her fundamental right. The Supreme Court also criticized the decision of the high court where the high court had denied the plea of the victim for the termination of her unwanted pregnancy.
