Gujarat HC issues guidelines for medical board on termination of pregnancy

Published On 2024-11-12 07:00 GMT   |   Update On 2024-11-12 07:34 GMT
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Ahmedabad: In a landmark ruling, the Gujarat High Court has issued guidelines for doctors and medical boards on the termination of pregnancy. These guidelines emphasize the importance of considering both the physical and emotional well-being of the pregnant woman when forming their opinion on the termination.

In response to a petition filed by a minor rape survivor from Jamnagar, who was impregnated as a result of the assault, the order was issued on Saturday by Justice Sanjeev Thaker.

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Also Read: Allahabad HC denies permission to 13-year-old rape survivor to terminate 32-week pregnancy

According to the recent media reports by TOI, the order stated, "While allowing the minor rape survivor to undergo the procedure to terminate a 24-week and five-day pregnancy, the high court considered the need for guidelines when it reviewed the medical opinion discussing the risk to the rape survivor in terminating the pregnancy at such an advanced stage."

The HC stated that the opinion of the registered medical practitioner/medical board must not be restricted to the criteria under section 3(2)(b) of the Medical Termination of Pregnancy Act, but should also evaluate the physical and emotional well-being of the pregnant person.

Section 3(2)(b), highlights that doctors are required to assess whether the continuation of the pregnancy could risk the life of the pregnant woman or cause grave injury to her mental and physical health, or to evaluate the potential risks if the child were to be born.

The HC also stated that the report of the registered medical practitioner/medical board must include the opinion on whether carrying the pregnancy to full term would impact the physical and mental well-being of the victim, minor, or pregnant woman seeking the termination of pregnancy.

Also Read: Examine condition of 25-week pregnant woman seeking pregnancy termination: SC directs AIIMS Delhi

Additionally, the court has encouraged medical professionals to include their opinion on whether an abortion at a particular stage could pose a threat to the pregnant woman's life.

While laying down three more points to be considered by doctors when giving their opinion regarding the termination of pregnancy, the HC clarified "It is needless to say that such guidelines are not exhaustive, and the registered medical practitioner/doctor/board is at liberty to state any additional facts/opinion which it deems necessary in the facts of each case."

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