Gujarat HC rejects plea seeking termination of pregnancy of minor rape survivor, directs State Govt to pay compensation

Ahmedabad: The Gujarat High Court on Monday declined a minor's petition seeking the termination of her pregnancy after a medical panel report stated that the pregnancy is in an advanced stage and the procedures would lead to medical complications.  

The petition was filed by a rape survivor, who is around 29 weeks pregnant. Her father had moved the HC seeking permission for abortion as the pregnancy had crossed the 24-week threshold up to which abortion cannot be performed without a court's leave. 

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Medical Dialogues team had earlier reported about the court's decision to seek the opinion of the Rajkot Civil Hospital on whether it was advisable to abort a seven-month foetus. Justice Samir Dave had passed a remark stating that it was once normal for girls to marry at a young age and deliver a child before they turned 17 while referring to the controversial Hindu text Manusmriti. He had also said that they would not allow the termination if the condition of both the mother and the foetus was good. 

The medical panel, after examining the girl on June 8, submitted that the girl was 29 weeks and five days pregnant and advised against the pregnancy due to certain 'abnormalities', as per a media report in the Times of India. 

The secretary of the women and child welfare department and the additional chief secretary of the social justice and empowerment department have been directed to take the required steps to help the survivor avail all the prevailing government policies that she is entitled to. Further, the court directed them to make arrangements for her stay at Nari Sanrakshan Gruh in Rajkot if she wishes to shift. 

The state government was directed to pay compensation to the girl based on the government policies that she is entitled to. The authorities are required to submit the progress report to the court on a regular basis. 

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