Monday February 17, 2020
Home India Madras HC: Ra...

Madras HC: Rape Victims Should Not be Unnecessarily Compelled to “Knock Doors of Court” for Abortion

"The victim girl should not be unnecessarily forced to move court for abortion"

rape victims, abortion
The victim then moved the high court, which directed her to get admitted to a government hospital to get medically assessed for abortion. Pixabay

The Madras High Court has said that rape victims should not be unnecessarily compelled to “knock doors of the court” to terminate their unwanted pregnancy.

Justice N. Anand Venkatesh, in his order delivered June 19, ruled that if a victim suffers an unwanted pregnancy and its duration has not exceed 20 weeks, then the “victim need not be referred to the medical board and the termination of pregnancy can be done as per the provisions of Section 3 of the Medical Termination of Pregnancy (MTP) Act, 1971.

“The victim girl should not be unnecessarily made to knock the doors of this court.” If the pregnancy has not breached the 20 weeks mark, then the length of the pregnancy is irrelevant, and instead the life of the pregnant woman shall be prioritized, the court said.

abortion, rape victims
Madras high court. Wikimedia Commons

For isolated cases, where the length of pregnancy has exceeded 20 weeks, the medical practitioner shall take immediate steps in accordance with the MTP Act to save the pregnant woman’s life, it said. The victim, in this case, was blackmailed into having sexual intercourse and had got pregnant. Eight weeks into the pregnancy, after being denied any relief from government hospital, she moved the court.

The police informed the court that victim had requested assistance in terminating the pregnancy during the registration of the rape case. However, police apparently refused to help her, and then she pooled her resources to get admission in a private hospital, but was discharged without undergoing abortion.

The victim then moved the high court, which directed her to get admitted to a government hospital to get medically assessed for abortion. The victim had, on June 8, consulted a doctor at the government-run Kasturba Gandhi Hospital for Women and Children and General Hospital here. The doctor found her eight weeks pregnant but instead of terminating the pregnancy, referred her to another government hospital.

abortion, rape victims
“The victim girl should not be unnecessarily made to knock the doors of this court.” VOA

On June 12, the high court gave strict instructions to admit her at a government hospital and carry out the necessary medical procedure. On June 17, the doctors aborted the pregnancy. On June 19, the matter came up for further hearing before the court, which remarked that the hospitals wrongly interpreted the provisions of the MTP Act, and made the victim run from pillar to post.

ALSO READ: Nepal Prepares to Introduce Yoga in School Curriculum

Lashing at the government and doctors, the court said: “In cases of this nature, the doctors and the courts need to be more sensitive and should act fast since the victim girl is carrying a foetus, which keeps reminding her of the agony faced by her due to rape and every moment she suffers mental agony and depression due to the unwanted pregnancy that has been forced against her.”

As the victim’s counsel requested the court to issue guidelines to ease the abortion process for rape victims, the court said that medical boards have already been constituted across the country to address request of similar nature. (IANS)

Next Story

Over 95% Women Feel That Abortion Was The Right Decision: Study

Over 95% women do not regret having an abortion says a new study

women abortion
According to a new study, over 95% women do not regret the decision of having an abortion. Pixabay

Researchers have found that even five years down the line after having an abortion, over 95 per cent of the women said it was the right decision for them.

Published in the journal Social Science & Medicine, the study found no evidence that women began to regret their decisions as years passed.

On the contrary, the women reported that both their positive and negative feelings about the abortion diminished over time. At five years, the overwhelming majority (84 per cent) had either positive feelings, or none at all.

“Even if they had difficulty making the decision initially, or if they felt their community would not approve, our research shows that the overwhelming majority of women who obtain abortions continue to believe it was the right decision,” said study researcher Corinne Rocca, Associate Professor at University of California in the US.

“This debunks the idea that most women suffer emotionally from having an abortion,” Rocca added.

Most women suffer emotionally from having an abortion. Pixabay

For the findings, the researchers analysed data from the Turnaway Study, a five-year effort to understand the health and socioeconomic consequences for nearly 1,000 women who sought abortions in 21 states around the country.

The analysis included 667 participants who had abortions at the start of the study. The women were surveyed a week after they sought care and every six months thereafter, for a total of 11 times.

While women did not report regretting their decision, many did struggle initially to make it. Just over half said the decision to terminate their pregnancy was very difficult (27 per cent) or somewhat difficult (27 pe rcent), while the rest (46 percent) said it was not difficult.

About 70 per cent also reported feeling they would be stigmatised by their communities if people knew they had sought an abortion, with 29 per cent reporting low levels and 31 percent reporting high levels of community stigma. Those who struggled with their decisions or felt stigmatized were more likely to experience sadness, guilt and anger shortly after obtaining the abortion.

Over time, however, the number of women reporting these negative emotions declined dramatically, particularly in the first year after their abortion. This was also true for those who initially struggled with their decision.

And relief was the most prominent emotion reported by all groups at the end of the study — just as it was at every time point in the study.

Also Read- Guide Yourself on a Path of Self-Discovery this New Year

“This research goes further than previous studies, in that it follows women for longer, and was conducted on a larger sample from many different clinics throughout the US,” said Julia Steinberg from University of Maryland.

“It shows that women remain certain in their decision to get an abortion over time. These results clearly disprove claims that regret is likely after abortion,” Steinberg said. (IANS)