1.

Introduction and Statement of the Problem

The Hon’ble Supreme Court in Suchita Srivastava vs. Chandigarh Administration [Civil Appeal No.
5845 of 2009] has recognized a woman’s right to make a reproductive choice as a dimension of
personal liberty and a fundamental right under Article 21 of the Constitution.

In India the framework governing reproductive choice has been provided under the Medical
Termination of Pregnancy Act, 1971. The Act recognizes the right of a woman to opt for abortion in
case of unwanted pregnancies. A very appreciative feature of the Act was to provide abortion rights
to victims of sexual violence.

To further recognize the reproductive rights of the victims of sexual violence the Act has been
amended by the Medical Termination of Pregnancy (Amendment) Act, 2021. The amendment
increases the time limit for termination of pregnancy to twenty-four weeks from the earlier time
limit of twenty weeks. The Amendment Act also recognizes that the anguish caused by pregnancy in
case of rape, shall be a grave injury to the mental health of a pregnant woman.

It would be relevant to highlight that in many cases the rape victim is not able to seek abortion
within the stipulated time frame, in such cases the victim has to take recourse to the courts of law.
The Supreme Court in some cases for example Murugan Nayakkar vs. Union of India & Ors. [Writ
Petition (Civil) No. 749/ 2017] has permitted termination of pregnancy up to 32 weeks, but in
another judgment rendered in Alakh Alok Srivastava vs. Union of India [Writ Petition (Civil) No. 565
of 2017], the Hon’ble Supreme Court declined to grant the same right to another victim who was ten
years old and was seeking abortion in 32 nd week of her pregnancy, the ground for refusal was the
finding of the medical board that abortion may be detrimental to the health of the victim.

Therefore, even though the Act recognizes that pregnancy of a rape victim can cause her sever
mental trauma, there are cases where on account of unavoidable circumstances the rights of the
victim are not being protected and she has to undergo the mental trauma and suffer the violation of
autonomy and loss of her right to make reproductive choice.

The Hon’ble Gujarat High Court while dealing with this dilemma in Surjibhai Badaji Kalasva vs. State
of Gujarat [Special Criminal Application (Direction) No. 585 of 2018] had issued directions for raising
awareness amongst Investigating Agencies, Doctors, Lawyers and Judicial Officers to provide for
urgent and immediate counselling and medical assistance required to a rape victim.

The above sentiment has been echoed by the Hon’ble Rajasthan High Court as well in State of
Rajasthan vs. S [D.B. Special Appeal Writ No. 1344/2019] wherein the Hon’ble Court with the
intention to ensure that need for termination of pregnancy does not arise at advanced stage had by
its judgment dated 01.05.2020 issued the following directions: -

(i) that the State Government shall frame suitable guidelines to ensure that the
victims of rape who became pregnant by sexual assault are provided timely and
legal as well as medical assistance so as to ensure that they can exercise their
reproductive choice in terms of the MTP Act;
(ii) that no sooner, the factum of a victim of sexual assault having become pregnant
is reported, the Medical Officer/ SHO of the police station concerned, shall
forthwith forward a report thereof to the Full Time Secretary, District Legal
Service Authority concerned who, in turn shall, approach the victim with a
female counsellor and sensitise her and her guardians about the remedies under
the MTP Act;
 (iii) in case, an application for termination of pregnancy is submitted by the guardian
of the victim to the appropriate authority within the stipulated period of 20
weeks as provided by the MTP Act, the same shall be processed forthwith and
suitable decision shall be taken thereupon within three days from the date of
submission thereof;
(iv) in case, the application seeking termination of pregnancy is filed before a
competent court then, such court shall forthwith summon the victim's guardian
and record his/her consent which shall deemed to be final. There shall be no
requirement of intervention by police in the matter of consent seeking for
termination of pregnancy;
(v) in case, where the threshold of 20 weeks gestation has been crossed, the Full
Time Secretary, District Legal Services Authority shall assist the victim and her
guardians if they so desire for approaching the High Court to file a writ petition
seeking direction for termination of pregnancy in light of decisions of Hon'ble the
Supreme Court and of this Court.
(vi) the identity of the victim shall not be disclosed at any stage during this process.

It can be seen that the directions issued by the Hon’ble Gujarat High Court and the Hon’ble
Rajasthan High Court provide for a comprehensive framework to protect the reproductive choice of
a rape victim and it becomes necessary to study and collect data related to the implementation of
these guidelines.

Therefore, the research study aims to conduct a study to find how aware are the Investigating
Agencies, Doctors, Lawyers and Judicial Officer with regards to the reproductive rights of a rape
victim in the State of Gujarat and identify intervention points to ensure early access to preventive
measures to avoid termination of pregnancy at advanced stage and prevent aggravation of trauma
of the victim.

2. Review of Literature

3. Objectives of the Study

a. To collect data in the State of Gujarat on the awareness amongst the Investigating
Agencies, Doctors, Lawyers and Judicial Officers about the reproductive rights of
victims of sexual assault.
b. To collect data on the steps taken in the State of Gujarat to avoid delayed
termination of pregnancy.
c. Suggest changes in the Medical Termination of Pregnancy Act, 1971 and the Code of
Criminal Procedure, 1973 to avoid delayed termination of pregnancy.
d. Suggest changes in the Legal Services Act, 1987 to provide legal aid to victims of
sexual violence to raise awareness about there reproductive choice.

4. Research Design & Methodology

a. Sampling Method: - The data shall be collected through questionnaires from the
Investigating Agencies, Medical Professionals, Legal Service Authorities and Judicial
Officers. Data will also be collected through questionnaires and queries under Right
 to Information Act from Government of Gujarat on the implementation of measures
for protection of reproductive rights of rape victims.
b. Sample Size: -
c. Sample frame: - State of Gujarat
d. Rationale: -
e. Tools for data Collection.: - The data shall be collected through questionnaires and
applications under Right to Information Act.
f. Category of respondents: - The respondents shall include the personnel of
investigating agencies, medical professionals, the Legal Service Authorities, Judicial
Officers and various ministries of the Government of Gujarat.

5. Research Partners/Agencies – Vivechana Foundation for Research in Law and Policy

6. Suggested Training Design for Surveyors/Research Assistants

7. CVs of Principal Investigator/ Co – Principal Investigator and Main Research Staff. Summary
report of any 2 best published Research Studies must be attached.

8. Questionnaire: -

a. From Investigative Agencies: -

i. What steps have been taken to make aware the victims of rape about their
reproductive rights?
ii. What is the nature of training provided to police personnel in dealing with
victims of rape in context of their reproductive rights?
iii. How many cases are being registered under POCSO Act and Section 376 IPC
where the need for termination of pregnancy arose and at what stage was
the pregnancy terminated?
b. From Doctors: -
i. What is the standard operating procedure for conducting medical
examination and counselling of victims of rape?
ii. While conducting medical examination of victims of rape do they make them
aware of their reproductive rights?
c. From Gujarat State Legal Service Authority and various District Legal Service
Authorities functioning in the State of Gujarat: -
i. How many victims of rape have been provided Legal Aid?
ii. What are the initiatives taken by the Legal Service Authorities to spread
awareness about the reproductive rights amongst victims of rape?
iii. In how many cases Legal Aid provided to victims of rape seeking the
termination of their pregnancy?
d. From Judicial Officers: -
i. During recording of statements of victims of rape do they inform the victim
about her reproductive right?
e. From various ministries of the Government of Gujarat: -
i. What are the schemes of the Government of Gujarat to protect the
reproductive right of the victims of rape?
ii. How many victims of rape have received benefit of these schemes?
iii. How many victims of rape have been extended medical benefits and
compensation under these schemes?