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Supreme Court Overrules Gujarat HC's Order Over Pregnancy Termination Row

  • Posted on August 21, 2023
  • News
  • By Sunshine
  • 359 Views
Pregnancy Termination Row


Slamming Gujarat High Court, the Supreme Court (SC) on Monday said any court passing an order against a superior court's ruling is against constitutional philosophy.


The development comes after a rape survivor in her petition sought permission to terminate her pregnancy. 


The top court had scheduled a hearing on the case, but on Saturday the Gujarat High Court rejected the petitioner's request for relief. However, the apex court ruled that the termination could proceed.


Supreme Court bench B V Nagarathi and Ujjal bhuyan expressed their anger over the situation and over the judgment of a higher court because it's against the rules of law.

The Supreme Court bench of Justice B V Nagarathna and Justice Ujjal Bhuyan voiced their displeasure with the current scenario, pointing out that no court in India should counter a superior court's ruling because doing so would go against the constitutional structure.


Solicitor General Tushar Mehta, speaking on behalf of the Gujarat government, stated that the purpose of the decision issued on Saturday was to correct a "clerical error." The state government said it planned to petition the judge to reverse the ruling.


The Supreme Court had previously mentioned the high court's tardiness in responding to the petitioner's appeal, highlighting the wasted time. The Supreme Court has sent notifications to the government of Gujarat and others for their reply after criticising the high court's sluggish approach.


The Supreme Court ordered a medical committee to look into the pregnant woman's health after getting advice from her lawyer.

On August 8, the high court instructed a medical board to assess the petitioner's pregnancy and health, after hearing from her attorney on August 7 that she had contacted the court that day. On August 10th, the board issued its findings in which it recommended that the pregnancy be terminated.


The Supreme Court emphasised the importance of the matter and the need for prompt action, contrasting it with the previous lackadaisical approach taken. After a new medical evaluation, the Supreme Court ruled that the pregnancy might be terminated, with the proviso that all legal processes be taken to place the surviving foetus for adoption.



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