New Delhi, July 21: The Supreme Court today allowed a mentally challenged rape victim who doctors said had a maximum IQ of a nine-year-old to give birth to her baby, saying nature will “take care” of the orphan mother and child.
The three-judge bench headed by Chief Justice K.G. Balakrishnan brushed aside every argument in favour of aborting the foetus, adopting a pro-life stand in a courtroom packed with activists, foreign journalists and young lawyers eager to gauge the outcome of the controversial case that is certain to generate in India a debate usually seen in the West.
“We are not in favour of termination of pregnancy,” the bench said, as it “stayed” a Punjab and Haryana High Court order.
The lower court had directed termination of the pregnancy, now in its 19th week, based on reports of an expert committee of doctors.
Under Indian law, medical termination of pregnancy is prohibited after the 20th week, though an appeal for a review of the 1971 act is pending before the Supreme Court.
In this case, the matter reached the apex court because the girl wanted to keep the baby but the Chandigarh administration was against it and the high court directed immediate termination.
The apex court acknowledged that time was “very less” for the 19-year-old, raped by two security guards at a home run by the Chandigarh administration, but took note of the statement of doctors that the woman had to be under constant supervision.
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