Gujarat High Court Allows Termination Of 20 Week-Old Pregnancy Of Minor Rape Victim

The Gujarat High Court has allowed the termination of over 20 weeks-old pregnancy of a minor rape victim and said the medical procedure be undertaken at the earliest possible time considering the mental and physical health of the 17 years and 2 months old victim girl.

The victim, through her father, had filed a petition seeking the termination of the pregnancy. In connection with the rape, an FIR stands registered with Anjar Police Station, District Kutch, for the offence under Sections 376(2)(n) and 506(2) of the Indian Penal Code and under Section 6 of the Protection of Children from Sexual Offences Act, 2012. She also prayed for DNA sample preservation in the case. 

On May 31, the court had directed the Medical Officer of Civil Hospital, Bhuj, to form a panel of experts. The panel was tasked with assessing the mental and physical condition of the victim in relation to the termination of her pregnancy, including any associated risks.

Following the court's order, the victim was examined by a panel of doctors from the Gujarat Adani Institute of Medical Sciences, G.K. General Hospital in Bhuj, Kutch. Based on their assessment, the panel certified that the victim was 20 weeks and 1 day pregnant, as determined by an ultrasound examination.

The panel said that the risk of complications from medical termination of pregnancy for the victim is comparable to other women of the same age and gestational period. It was recommended that the procedure be carried out as soon as possible to avoid further complications associated with advancing gestational age.

The bench of Justice Sameer J Dave said that any decision regarding medical termination of pregnancy depends upon the facts and circumstances of each case.

“Considering the facts of this case and the medical evidence on record as also the object of the Medical Termination of Pregnancy (Amendment) Act, 2021 and the guidelines framed by the Indian Medical Association, it would be just, legal and appropriate to order medical termination of pregnancy of the original victim, i.e. daughter of the petitioner herein,” Justice Dave said, while allowing the petition.

Case Title: XYZ Minor Victim Versus State Of Gujarat R/Special Criminal Application No. 6415 Of 202

Case Citation: 2023 Livelaw (Guj) 96

Appearance: MR DAKSHESH MEHTA(2430) for the Applicant(s) No. 1 MR. RUSHANG D MEHTA(6989) for the Applicant(s) No. 1 NOTICE NOT RECD BACK for the Respondent(s) No. 2 NOTICE SERVED BY DS for the Respondent(s) No. 3 MR JK SHAH APP for the Respondent(s) No. 1

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