High Court directs to explain Measures for Abortion of Rape Survivors

Team SoOLEGAL 12 Mar 2020 3:10pm

High Court directs to explain Measures for Abortion of Rape Survivors

JAIPUR: The Rajasthan High Court division bench on Friday i.e. 06th March 2020, asked the state govt to clarify what measures are being taken to develop a policy for rape survivors to voluntarily terminate pregnancy. The court also provided notices to the chief minister, Rajasthan govt, health secretary, home secretary, special secretary of social justice & empowerment & general director of police.

The division bench consisting of Justice Sabina&Justice Narendra Singh Dhadha released notices following a public interest litigation (PIL) filed by Adv. Shalini Sheoran.

In many cases of rape, the survivor conceives & neither she nor her family members wish for her to give birth to the child. However, the process of abortion becomes complicated for her after there is a First Information Report (FIR) of rape. During the investigation she is not supposed to get an abortion in terms of health & other reasons. Also, the DNA testing of foetus is also not been done in these cases”, Shalini said in her petition.

She added that in many cases the rape victim has to undergo abortion or other interventions during the trial due to unexpected medical problems due to which the DNA is not secured.“Such things favour the accused in the trial. Thus, I have filed this public interest litigation (PIL) to advocate for a policy for voluntary abortion in the cases of rape. Apart from this, their record & DNA of the foetus should be kept intact so that it can be used by the police for investigation purpose”, she added. “There is no database by the state govt of vulnerable survivors of rape telling how many First Information Report (FIR)s of rapes are filed & out of these in how many cases police submitted final report & in how many cases abortion was done”, she added.

The petition also encouraged police, law enforcement and health department to offer advice and support to rape survivors for abortion.“There is no system of conducting the DNA profiling of the foetus with the accused before filing a final report in the rape cases. Also, with the petition, we have prayed for framing of guidelines for the Medical Termination of Pregnancy (Amendment) Bill 2020 to facilitate the rape survivors”, she added.

Tagged: Rajasthan High Court   Abortion   Rape   Survivors   Justice Sabina   Justice Narendra Singh Dhadha   Adv. Shalini Sheoran   DNA Test   PIL   FIR  
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