The other part of "System"

When elections are round the corner, the most uttered word and most mis-understood word by educated illiterate class is perhaps the “system”. From, former “chai wala “ to “Vice President” everyone is taking credit to show how a state is better than rest of India and how nation has glorious past. One is only busy in “talking” and other in “listening”, the atrocities on women in India have not seen any downward trend. The women in this country are raped, sexually assaulted and abused. Media highlights the issue with statistics, delay by Police to register a case, agitated crowd outside police station to get the case registered and national debates where some of the “learned” jury member blaming the current laws and delay in delivering the verdict.
In all this chaotic and somewhat true system I would like to highlight a true case happened in Chandigarh and how the same system was responsible in delivering a verdict. This is unfortunate incident happened 4 yrs back in Shelter home of Chandigarh run by govt. A 19 yr old girl was raped and was found to be pregnant. 7 men and 2 women party to crime were sent to 10 yrs imprisonment by judiciary. The reason behind highlighting the case is the “pregnancy”. Never ever in my reading I came across a girl who even dared to think of giving birth to a child out of a rape. Surprising! And surprising is, because the girl the victim in this case is intellectually disabled and her IQ was found to be of a 9 yr old. The legal stand on termination of pregnancy says that it is mandatory to obtain the prior consent of the women to abort the unborn baby. The girl, who was mentally retarded, rejected the termination of her pregnancy. She was much determined and keen in delivering her baby. We don’t know her thought process behind the decision of giving a birth to child out of rape, and her imagination how the child would grow in mean minded society? Due to this complication a formal case was registered in court of law to get a mandate from judiciary to terminate her pregnancy on various grounds. Chandigarh administration ordered for termination of pregnancy and which was seconded by divisional bench of High Court Chandigarh. The legal option, for which the victim was unaware off, was exhausting and had ruled against her wish. She was already in her 19th week of pregnancy and according to Medical Termination of Pregnancy (MTP), 1971 one can’t abort a child if lady is in 20th week of pregnancy. Considering the eagerness of a mother to bring her child to world a lawyer named Suchitra Srivastva filed a petition in Supreme Court, the last resort to seek a proper justice.
Time was critical in this case. Victim was in 19th week and had just few days in hand for SC to think all the aspects and deliver a judgment. SC thought on many issues like law, medical aspect, social aspect and international standards. The 1st and foremost question was, if at all it was decided to terminate how safe medically it would be for mentally retarded women to undergo the abortion? Court also studied the possibility of new born baby being a normal child or not? Court studied the IQ and other emotional norms related to the case. Court look into various govt system which work for such women and policies which will be helpful for the child to grow in this society. The matter was brought in urgency in front of bench of 3, headed by then Chief Justice K G Balakrishanan, Present CJI P. sathasivam and Just. B. S. Chahaun. Young lawyer Tanu bedi passionately fought for women who was not in state to understand who all and what all are the things happening for and against her single wish to deliver a baby.
This was a case where a single woman was just caring for her new un-born baby, unaware of rest things around and on other side taught Doctors, Jurist and lawyers debating on the future of single women and her child. Time was clicking, and overburdened SC took additional slot to hear the case not in hurry but with sense. Finally the judgment was out.
SC considered many point before arriving at the conclusion.
The first point was, medically the women considered was mentally retarded i.e. slow learner and not mentally ill. So according to MTP Act, consent of women is not mandatory and only in case of minor and mentally ill and where the consent of guardian should be taken into consideration. Here the mentally retarded women has given consent to give birth to her child. So her will has complete weightage.
Second point SC thought was, irrespective of sexual act, woman has freedom on her reproductive choice.
Court went to study the empirical analysis and disregarded eugenics theory which suggests that such mental diseases are carried to next generation.
SC also looked at United Nations Declaration 1971, National Trust Act 1999 and UN convention 2006, (disabled person) which keeps mentally retarded person at par with non-retarders.
Court also asked about the EQ that is required to raise a child, and also questioned about emotional imbalance if the victim would pass forceful with termination of her pregnancy.
For a single case court considered all the aspect and stayed the HC court decision of termination and respected the will and desire of women to give birth to her child. Finally the women gave birth to a healthy Baby girl.
in either case, if the child would not be a normal, Govt estb. National Trust for welfare of Persons with Cerebral palsy, mental retardation and multiple disabilities was ready to take care. Govt run National Trust have assigned a teacher to teach mother how to live and lead life, she has been taught how to make bags which she has learned and with due process and time she would be fit to take a job of an attendant. Today her daughter is 4 yrs old and both mother and daughter are happy to see each other.

This is an incident which happened in govt run shelter home, where such women were exploited but it is also the same system which punished the culprits and other part of system worked hard just because a single small woman said she want to give birth to her baby out of rape. SC studied all angles before giving a landmark judgment. We all just blame for what we see and hear, but remember we are also part of a system which we don’t know nor we take efforts to know that work for our single thought, single belief, single aspiration and make it happen for us. No matter how small we are or how smart we are.