Gujarat High Court under Flak for “Inexplicable Delay” in Clearing Urgent MTP Case
Manas Dasgupta
NEW DELHI, Aug 19: A contrasting sense of urgency was shown by the Supreme Court on Saturday compared to the lethargic way of the Gujarat High Court in handling a petition where a 25-year old rape victim was seeking permission for medical termination of her pregnancy (MTP) which was already into 26 weeks.
The woman had approached the Gujarat High Court on August 7 and after necessary medical check-up, the matter was posted for hearing on August 23. “What for, why so much of valuable time is lost in such cases where each day mattered?” the Supreme Court asked.
In contrast, the woman approached the Supreme Court against the High Court on Saturday and the apex court immediately shifted to top gear. The top court’s registry kicked into action soon after she filed her appeal. Chief Justice of India D.Y. Chandrachud constituted a Special Bench of Justices B.V. Nagarathna and Ujjal Bhuyan, who rushed to the court, for the special hearing at 10.30 a.m. on Saturday itself.
During the hearing, the Bench found that the Gujarat High Court had dismissed the woman’s plea for termination of her pregnancy, which is over 26 weeks, despite a favourable medical report on August 11. Justice Nagarathna conveyed her dismay on finding that the High Court had inexplicably posted the case after nearly two weeks before rejecting her request.
The woman’s counsel said she had moved the High Court on August 7 and the court took up the case the next day. It had directed a medical examination. The medical report was submitted within the next 48 hours. However, on August 11, the High Court posted the case to August 23. “How can the court stand it over to August 23? How many valuable days were lost because of this,” Justice Nagarathna said.
The Bench was also informed that the High Court was yet to upload the dismissal order which was supposed to have been taken on August 17 but neither conveyed to the petitioner nor uploaded on the High Court website. “There is a sense of urgency involved in such cases. There is no place for a lackadaisical approach,” Justice Nagarathna said.
The Bench ordered a fresh medical examination of the woman later in the day. It directed the report to be submitted in court by August 20. The Supreme Court posted the case on August 21. “Since valuable time is lost, a fresh report may be sought from the medical board, Bharuch. We direct the petitioner to appear before KMCRI hospital for being examined once again and latest status report may be submitted before this court by Sunday evening 6 p.m. The same shall be put up before this court on Monday,” the order said.
The Bench further directed the Secretary General of the Supreme Court to ascertain from the Gujarat High Court Registry if the order has been uploaded. Under the Medical Termination of Pregnancy (Amendment) Act, 2021, the upper gestational limit for termination of pregnancy is 24 weeks for special categories of women, including survivors of rape, victims of incest and other vulnerable women like differently-abled women, minors, etc.
Observing that valuable days have been lost in just postponing the case, the apex court bench said when the petitioner had sought for the termination of pregnancy and had approached the high court, she was already 26 weeks pregnant. “Therefore, we find that valuable time has been lost between August 11, when the report was placed before the high court, and the order stating that the matter would stand over to August 23,” it said.
“In such cases, there must be, not undue urgency, but at least a sense of urgency in such matters and not a lackadaisical attitude of treating it as any normal case and just adjourning it. We are sorry to say and make this remark,” the bench orally said.
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