Gujarat HC Allows 13-year-old Rape Survivor to terminate 33-week pregnancy

Published On 2025-05-14 07:12 GMT   |   Update On 2025-05-14 07:12 GMT

Ahmedabad: The Gujarat High Court on Monday permitted a 13-year-old rape survivor to terminate her 33-week pregnancy, directing the authorities at PDU General Hospital, Rajkot, to perform the procedure after obtaining written consent from her parents.

The decision came nearly a week after the POCSO court had denied her plea for the same.

Justice Nirzar Desai noted that the medical opinion indicated that termination of pregnancy is possible though the procedure carries high risk of complication as the girl suffers from anemia, reports PTI.

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The survivor, who hailed from Rajkot, was allegedly repeatedly raped by her neighbour when her mother and step-father were away at work.

A First Information Report was registered on May 3, 2025.

Also Read:Kerala HC Permits 32-Week Pregnancy Termination for Fetus with Neurological Abnormalities  

But the special court for the Protection of Children from Sexual Offences Act (POCSO) cases rejected her plea for permission to terminate the unwanted pregnancy.

Under the Medical Termination of Pregnancy (MTP) Act, abortion after 20 weeks of gestation period is generally prohibited, but a court can allow it in certain cases such as the foetus suffering from abnormality, health risk to the expecting mother, or she being a survivor of sexual assault.    

According to the PTI report, the high court noted that it considered the fact that the survivor is only 13 years old and has a long life before her.      

As MTP (medical termination of pregnancy) is possible, it should be carried out after obtaining written consent from her parents stating that they understand the risk, the court said.       

The court directed the in-charge Medical Officer and Medical Superintendent, PDU General Hospital, Rajkot, to perform the procedure while ensuring that all possible care is taken and arrangements are made for necessary medical facilities such as blood supply, possibly on Monday itself.     

Also Read:HC allows termination of minor rape survivor's pregnancy, directs Govt to form SOP    

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