Gujarat HC approves pregnancy termination for 16-year-old minor rape survivor
Gujarat High Court
Ahmedabad: The Gujarat High Court has approved the termination of a 25-week pregnancy of a minor rape survivor, emphasising the trauma, mental agony, and potential social stigma the girl would face.
In an April 6 order, Justice M R Mengdey directed a team of senior doctors to examine the 16-year-old girl and carry out the procedure urgently.
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According to the news reports, a medical board at GMERS General Hospital, comprising senior gynaecologists, a psychologist, a physician, and a radiologist, examined the minor. Their report confirmed that the pregnancy was at 25 weeks and 3 days and recommended termination under the Medical Termination of Pregnancy (MTP) Act, 1971, considering the risks to the minor’s physical and mental health.
The court also directed that if the foetus is born alive, the hospital must provide the best possible medical care to ensure healthy development.
Besides, if the victim is not willing to assume the responsibility of the baby, the state and its agencies should assume full responsibility and offer medical support and facilities to the child, keeping in mind the best interest of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2005. The court also directed the doctors to take the necessary tissue samples for DNA identification by following the scientific practice for the same and handing over the samples to the investigating officer, reports the Indian Express.
As per ETV Bharat reports, Counsel for the petitioner, P.S. Dutta, said the court adopted a humane approach by placing the minor’s physical and psychological condition at the forefront.
The Gujarat High Court’s decision echoes a similar ruling by the Karnataka High Court, where a minor rape survivor’s 26-week pregnancy was terminated to safeguard her dignity and well-being. In that case, Justice R Nataraj emphasised that the court should not hesitate to protect the “honour and dignity” of the minor, recognising the unique vulnerability of teenage survivors in cases of sexual assault.
