Ms. Z v. The State of Bihar and Others

Civil Appeal · 2017 INSC 756Decided 17 Aug 2017
Civil Appeal No. 10463 of 2017
Justice Dipak Misra · Justice Amitava Roy · Justice A.M. Khanwilkar

Background

The appellant, a destitute 35-year-old woman living on a footpath in Patna, was brought into a government-run shelter home ("Shanti Kutir") in January 2017, where she was found to be pregnant as a result of rape. Despite the shelter home acting promptly to seek a termination with her consent, Patna Medical College Hospital repeatedly delayed the procedure over several months, even after her father and brother signed a consent form, until her pregnancy had advanced well past the point where termination could be safely or lawfully carried out, by which time she was also found to be HIV-positive. She approached the Patna High Court seeking a medical assessment and direction for termination, but by the time a Medical Board examined her, her pregnancy was too advanced, and the High Court's final order (while recognising the hospital's delay) left her without the relief she needed and wrongly required her estranged husband and father to be impleaded.

Decision Breakdown

The Supreme Court held that the Patna High Court had erred in impleading the appellant's husband and father, since she was an adult, destitute rape victim whose own consent as the pregnant woman was what mattered under the Medical Termination of Pregnancy Act, not her family's. The Court found the hospital authorities' repeated, unexplained delays had caused the appellant a severe and continuing mental injury, since by the time of its ruling the pregnancy could no longer safely be terminated, compounding her trauma as a rape survivor. Applying public-law remedy principles, the Court set aside the High Court's order (except the part concerning the ongoing criminal investigation into the rape) and enhanced her compensation to Rs. 10 lakh (on top of the Rs. 3 lakh victim-compensation already paid), to be placed in a fixed deposit in her name, while also directing the State to provide proper medical treatment and nutrition for the child once born and preserving her right to approach the High Court again after delivery for any further grievance. The Court emphasised that bodily integrity, personal autonomy, and a pregnant woman's own consent must be respected by hospitals and courts, invoking India's obligations under the CEDAW convention.

Lesson Learnt

A pregnant woman's own consent, not her family's, governs decisions about her body under the Medical Termination of Pregnancy Act, and government hospitals that unjustifiably delay a legally sought medical procedure can be held liable to compensate the patient for the resulting harm, independent of any criminal case.

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