Gujarat HC permits minor rape victim to terminate 27 weeks pregnancy

Ahmedabad: The Gujarat High Court on Friday allowed a 16-year-old rape victim to terminate her pregnancy, despite the pregnancy having exceeded 27 weeks.

The court directed the panel of doctors at Bhavnagar Civil Hospital to promptly perform the procedure after the teen girl provides “an appropriate undertaking authorizing the surgery at her own risk.” The case involves a teen residing in an orphanage and studying at a hostel in Palitana town, Bhavnagar district, who was raped and impregnated after she eloped with a carpenter.

The FIR was filed on November 16 by an official from the institution, and the teen sought permission from the High Court, to undergo an abortion under the provisions of the Medical Termination of Pregnancy Act. Following an examination, doctors informed the court that the pregnancy had reached 27 weeks, with the fetus weighing slightly over 1kg. They expressed the opinion that an abortion could be conducted in accordance with established guidelines. Justice V K Vyas engaged with the teen through a video call on Thursday, ensuring her consent before issuing the order. The court further instructed doctors to collect tissue samples for DNA identification in the criminal case against the carpenter.

Additionally, the court emphasized that if the baby is born alive, the hospital must provide the best available medical treatment to ensure the child’s healthy development. In the event that the victim is unwilling to assume responsibility for the baby, the State and its agencies are mandated to take full responsibility, providing medical support and facilities in accordance with the best interests of the child and the statutory provisions of the Juvenile Justice (Care and Protection of Children) Act, 2005. DeshGujarat