Supreme Court directs Bihar Govt. to pay 10 Lakh compensation to Rape Victim who's Right to Abortion was denied

August 18,2017:

Apex Court Bench comprising of Justice Dipak Misra, Justice Amitava Roy and Justice A M Khanwilkar reprimanded State Authorities and HC that,"They had put hurdles in her legal fight to undergo the abortion by opposing her plea in the Patna HC and by the time she approached Supreme Court it was loo late and risky to allow her to terminate her pregnancy".On Thursday, Supreme Court  has held the Bihar Govt. responsible for not coming to rescue of 35-year-old destitute HIV positive woman who wanted to abort her pregnancy arising out of rape and thus directed the Govt. to pay compensation of Rs 10 lakh to her.

Supreme Court further added that,"There can be no justification to push back her rights and throw her into the darkness to corrode her self-respect and individual concern. She had decided to exercise her statutory right, being a victim of rape, not to bear child and more so, when there is possibility of child suffering from HIV+, the State Authorities should have been more equipped to assist her instead of delaying the process".

Supreme Court also raised a question on the High Court for not handling case with the sensitivity it required and thus there was a fault on part of State Government and the Patna Medical College and Hospital and it was because of them that women was denied her right to undergo the abortion.

On May 9,2017, had ordered State to pay Rs 3 Lakh to her under Victims Compensation Scheme and asked the Govt. to provide all the medical facilities to her free-of-cost.

Court has further directed State to fix deposit additional of Rs 10 lakh in her name and allowed her to withdraw the interest to meet her expenses.

The Woman, was lodged in the Rehabilitation Centre, Patna after her sexual assault, became aware of the pregnancy at an advanced stage but wanted to terminate it.

With Inputs from TOI