'Can't Compel Rape Survivor To Continue With Pregnancy': Gujarat High Court Allows Minor Girl To Abort Over 19-Week Pregnancy

The Gujarat High Court today allowed the medical termination of a minor rape survivor's 19-week pregnancy while noting that a victim can not be allowed to continue with her pregnancy if she is unwilling.

The bench of Justice Samir J. Dave observed thus while dealing with the plea moved by the elder sister of the 16-year-old rape victim seeking to terminate her over 17-week pregnancy.

Hearing the plea on September 9, the Court formed a medical panel of the Doctors of GEMRS Medical College & General Hospital Vadnagar to examine the girl and submit a report to the Court.

Pursuant to the Court's order, a report was submitted on September 9 stating that the girl is carrying a pregnancy of 18 weeks and 5 days (as of September 8, 2023) and that she is a high-risk patient. It further stated that If the medical management for termination fails, there will be an added risk of morbidity and mortality and also anaesthesia risk if surgical intervention is required.

Perusing the report, the Court today asked the Counsel for the applicant to ascertain if the victim's family was willing to go for termination despite having a high risk involved in the termination procedure. After consulting the victim's family, the counsel informed the bench that they wished to go ahead with the termination.

In view of their inclination to abort the pregnancy, the Court, while referring to the Top Court's Judgment in the case of X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi 2022 LiveLaw (SC) 809, passed the following directions:

* GMERS Medical College and General Hospital, Vadnagar is directed to take the necessary steps for undertaking the procedure of medical termination of pregnancy of the victim girl at the earliest possible time and in any case, within a period of one week.

* Respondent No.3- Police Inspector, Kadi Police Station, Mahesana is directed to take necessary steps, on an urgent basis, so that the procedure of medical termination of pregnancy of the victim girl could be undertaken and concluded within a period of one week.

* It is expected that the respondent authorities concerned would take necessary care, sensitivity and caution so that the procedure of medical termination of pregnancy of the victim girl could be undertaken smoothly keeping in mind the age as well as mental and physical health of the victim girl.

Further, the Court also directed the respondent police authorities to do the needful to preserve the subsequent DNA Test Report by drawing tissues from the foetus for the purpose of using it as a piece of evidence in the ensuing trial.

With the above directions, the petition was disposed of.

Case title - XYZ Versus STATE OF GUJARAT

Law Citation: 2023 Livelaw (Guj) 153

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