When is it OK to bleed in pregnancy?

When you bleed in a pregnancy, you have the right to recover from it, a Delhi High Court judge has ruled.

The court said the state should not force you to bleed and was of the view that you had the right of recovery.

“In case of bleeding in pregnancy and in case of severe injury, the woman has the right in the circumstances to return to the place where she was injured,” Justice J P Nambiar said while hearing a petition by a woman from Jammu and Kashmir who claimed she was raped by her husband.

The woman had sought a stay of execution of the husband’s death sentence on a charge of raping her during pregnancy.

In the petition, the women had alleged that their husband raped them at their home in February last year and that she later recovered from the trauma and died from the wound.

In its judgment on Friday, the Delhi High Bench said the woman had alleged she had been raped by husband KK Jadhav in his home in Bhatkal, south Kashmir.

The High Court was hearing a PIL challenging the constitutionality of a law in the state in which a woman is forced to undergo vaginal bleeding during pregnancy if she has been subjected to the rape of her husband, an offence punishable with a jail term of life imprisonment.

The petitioners alleged that the woman’s husband had raped her at his residence in Bhatta, a town about 80 km from Srinagar.

The women had sought to extend the stay of the death sentence against the husband to the woman as she was in a state of post-traumatic stress disorder (PTSD).

The state court had in January also ordered her to undergo the procedure at a hospital in Srinigar.

However, the High Court, on Friday said it was not a question of extending the stay but merely stating that it would not extend the sentence.

“We are of the opinion that the punishment for rape is severe and severe punishment cannot be meted out to a woman who has been raped in the past,” the judge said.