Mentally challenged rape victim can have baby

In a landmark judgement, the Supreme Court has allowed a mentally challenged rape victim of Chandigarh to have her baby. However, the controversial issue of who will take care of the baby will only be detailed in its orders on Wednesday.

A bench, headed by the Chief Justice of India, said:

• She is capable of delivering the child.
• Somebody has to take care of the baby.

The 20-year-old woman, who is an orphan, was raped at Nari Niketan, run by the Chandigarh administration.

While she wanted to give birth to the baby, the Chandigarh administration, citing her best interest, said she should undergo medical abortion. The administration moved the Punjab and Haryana High Court which gave it the go-ahead.

While the Supreme Court order overturns the judgment of the High Court, it also underlines the fact that human rights for a disabled woman in state custody should be strengthened not weakened.

The rights of disabled men and women to parenthood is provided under several international and Indian laws.

"Mother wanted a baby. We are nobody to come in between," said Tanu Bedi, lawyer for the victim.

"There is a larger message for the society, especially for the disabled which was neglected," said Javed Abidi, Convenor, Disabled Rights Group.

This case has shown that violence against disabled women can range from physical abuse to denying them even the traditional roles of childbearing. Most of these concerns remain marginal and hidden.