Senior advocate Indira Jaising pleaded in the Supreme Court on Friday (August 18) that a compensation of Rs 10 lakh should also be paid to the 10-year-old rape victim from Chandigarh, who delivered a baby on Thursday (August 17) after she was not allowed to abort her fetus by the apex court. She referred to the apex court’s decision to award Rs 10 lakh compensation to a destitute woman from Patna who had become pregnant after she was raped. The woman was also denied abortion by the apex court.
Jaising, an amicus curiae in the matter, also wanted suitable changes in the Medical Termination of Pregnancy Act so that abortion could be allowed for emergency situations wherein the birth of baby pose a life risk to the mother and child or lead to other complications for the new-born. She argued that if suitable changes were not made in the Act, cases related to pleas for abortion will keep coming to the courts. As of now, the law does not permit abortion if the fetus is more than 20 weeks old.
On the issue of providing compensation to the rape victim from Chandigarh, Jaising pleaded that she deserved the amount because she was too young to look after the child.
Her arguments on compensation were accepted by the Supreme Court, which then asked for responses from the centre; the Chandigarh administration; member secretary, National Legal Services Authority; and the District Legal Services Authority of Chandigarh. The next hearing is on August 22.
—India Legal Bureau