High Court Comes To Rescue Of Gang-Rape Victim After Told It Was Too Late For Abortion

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CHANDIGARH – Coming to the rescue of a 20-year-old woman left pregnant after sexual assaults, the Punjab and Haryana High Court has directed the Tarn Chief Medical Officer to provide her medical assistance.

The state of Punjab too has been directed to reimburse the expenses. The directions came after the Bench of Justice Deepak Sibal was told it was too late to carry out abortion.

Taking up the matter, Justice Sibal asserted when the petitioner was in her 24th week of pregnancy, the medical opinion was against abortion since the pregnancy was in an advanced stage. She was now in her 32nd week of pregnancy. As such, order on termination of pregnancy could not be passed.

“The writ petition is disposed of with the direction to the CMO, Tarn Taran, who, though is not a party to the present petition, to personally supervise the pregnancy case of the petitioner and provide all possible medical assistance, as and when required by her or her family members, which would include appropriate psychiatric consultation or related assistance from that department, a private room, medicines, etc.

“The expenditure to be incurred on such treatment of the petitioner would be reimbursed by the department concerned of the state of Punjab. It is made clear that the petitioner shall always be at liberty to approach this court for any further relief, as and when required”.

Before parting with the order, Justice Sibal also directed the forwarding of the same to the CMO, Punjab Chief Secretary and Principal Secretary, Department of Health, Punjab, for immediate compliance.

In her petition, the “victim” had alleged repeated sexual assaults by Angrej Singh, Gurlal Singh and Hira Singh. The court was told that an FIR in the matter was registered for gang rape under Section 376-D of the IPC on December 10, 2015, in Chohla Sahib Police Station in Tarn Taran district.

After lodging the FIR, an application moved before Tarn Taran Judicial Magistrate First Class to allow termination of pregnancy. But the same was dismissed.