The Supreme Court on Thursday ordered Bihar Government to pay a compensation of Rs 10 lakh to a destitute HIV infected woman raped on the streets of Patna. The Court held the State responsible for the delay caused by the State Government-run hospital that refused to abort the 17 week old foetus. law permits abortion of foetus upto 20 weeks of pregnancy.
The apex bench of Justices Dipak Misra, Amitava Roy and AM Khanwilkar found fault with the hospital and also with the Patna High Court that unduly delayed the abortion process by seeking consent of the victim's father and husband.
The Bench said, "Keeping in view the mental injury that the victim has to suffer, the appellant should get a sum of rupees ten lakhs as compensation from the State." The state was directed to make it as a fixed deposit in her name so that the interest accrued can be used for the child.
As the victim suffered mild mental retardation, she was given shelter by a NGO Shanti Kutir which detected she was pregnant and approached the Patna Medical College Hospital for abortion. The hospital refused forcing the NGO to approach the Patna High Court. When the HC too refused, she approached the Supreme Court but by then, the foetus was in its 25th week.
The Bench noted, "The appellant (victim) had given consent for termination having categorically alleged rape. In such a circumstance, we perceive no fathomable reason on the part of the PMCH not to have proceeded for termination of the pregnancy because there was nothing on record to show that there was any danger to the life of the victim."
The bench noted that element of time is extremely significant in a case of pregnancy and hospitals must be careful and sensitive about it. The state had already paid a sum of Rs three lakh under the Victim Compensation Scheme for rape victims.