New Delhi,
The Supreme Court on Thursday directed the Bihar Government to pay Rs 10 lakh compensation to an HIV-infected rape survivor whose unwanted pregnancy could not be terminated due to inordinate delay in the decision making process.

A Bench headed by Justice Dipak Misra made adverse comments on the Patna High Court and Patna Medical College and Hospital for having contributed to the delay that put her in an “unredeemable” situation.

“She has to be compensated so that she lives her life with dignity and the authorities of the state who were negligent would understand that truancy has no space in a situation of the present kind,” said the Bench, which had earlier asked Bihar Government to pay her Rs 3 lakh as interim compensation.

The top court directed that the amount be kept in a fixed deposit in the appellant’s (woman’s) name, so that the money may be “properly kept and appropriately utilised” for the child’s future as well.

It asked Bihar Government to provide proper treatment, nutrition and medical aid to the child.

The 35-year-old HIV+ve rape victim had urged the top court to order the state government to compensate her for delaying a decision on termination of her pregnancy that put her in a precarious situation where she couldn’t abort the unwanted foetus.

Under the Medical Termination of Pregnancy Act, a woman is not permitted to abort her foetus after the pregnancy crosses 20 weeks, unless the mother’s life is at risk.

It’s for this reason that often pregnant women move the top court for permission to terminate pregnancy that has crossed 20 weeks.

She was in her 27th week of pregnancy and a medical board of doctors from AIIMS had opined against termination of pregnancy, saying as it was too late to go for it.

A woman, who had already become a destitute; had been sexually assaulted and had been suffering from a serious medical ailment, should not to go through further sufferings, the Bench had noted during the hearing.

“The quintessential purpose of life, be it a man or a woman, is the dignity of life and all efforts are to be made to sustain it,” it had said.