Gujarat High Court Allows Termination Of 22-Year-Old Rape Survivor's Over 26-Week Pregnancy

The Gujarat High Court today allowed a 22-year-old rape victim to undergo medical termination of over 26 weeks of pregnancy after the medical board gave its recommendation for the abortion with some riders.

The bench of Justice Samir J. Dave passed this order on the plea moved by the girl seeking termination of the pregnancy on the grounds that it would have a potential impact on her physical and mental health.

Before the Court, on August 22, her counsel Advocate Nimit Shukla argued the traumatic experience of rape had led to severe emotional distress, anxiety, depression, and other psychological issues which necessitated an abortion to safeguard the petitioner/victim's overall well-being.

Having heard the counsel, on the same day, the court directed a medical board to conduct her examination and submit a report before the HC.

Perusing the report today, the Court noted that the board of doctors had recommended that if at all, the pregnancy is to be terminated, the girl be provided with certain special medical facilities. In view of this, the Court directed that the girl be provided with such facilities in the Sola Civil Hospital, Ahmedabad and the abortion be conducted by 28th August.

In this regard, the Court has also directed the police authorities to do the needful.

It may be noted that earlier this week, the Top Court had observed that forcing a woman to have a child conceived as a result of rape is against our constitutional philosophy. The observation was made by the Apex Court while allowing a plea for termination of pregnancy by a 25-year-old rape survivor.

Noting that such pregnancy affected the physical and mental health of the woman, the court had set aside an order of the Gujarat High Court that had earlier dismissed the survivor's petition for a medical termination of pregnancy.

A bench of Justices BV Nagarathna and Ujjal Bhuyan passed this order in an urgent plea of the survivor who approached the top court after being denied relief by the Gujarat High Court. An Adivasi woman in a remote village in Gujarat, the petitioner was allegedly raped under the false pretext of marriage. At 26 weeks, she filed a writ petition in the high court for permission to terminate her pregnancy, but no relief was granted despite a favourable opinion of a medical board. 

Case Title - ABC vs. State of Gujarat and others

Case Citation: 2023 LiveLaw (Guj) 142