Gujarat High Court Permits 15-Yrs Old Mentally Challenged Tribal Girl To Terminate 27-Week Pregnancy

The Gujarat High Court has granted permission for the termination of a 27-week pregnancy of a 15-year-old mentally challenged, tribal girl from the Tapi district. The court emphasized the girl's mental condition, family background, and the advanced stage of pregnancy in its decision.

Justice Nirzar S Desai presiding over the case, said, “Considering the facts that the report indicates that the mortality risk is only 0.6% as well as considering the fact that the minor girl is aged about 15 years and 9 months and she is mentally challenge girl coming from very lower strata of the society and therefore, considering her family background as well as mental condition couple with the fact that she is mentally challenge person and therefore, there are all probability that the girl would not even carrying stigma but, will face lot many problems in raising the child even in future and also considering the fact that the age of the foetus is almost 28 weeks as per the medical report.”

“Without elaborating any further reasons looking to the fact that today the girl is running against the time, the concerned Head of Department of Smimer Hospital, Surat is directed to perform necessary surgery/procedure for termination of pregnancy of the victim girl by ensuring all the safety protocol as far as possible and which is available with the hospital like managing for blood and any other expert doctors if they are required while performing the procedure looking to the age and health of minor girl and such surgery/procedure is required to take place at the earliest without delaying if any further,” Justice Desai added.

The petitioner prayed the court to issue an appropriate writ, order, or direction to the respondent authority to terminate the pregnancy of the petitioner, who is 15 years and 9 months old, at the earliest. This prayer was made in the best interest of the victim, given her young age, physical health, and severe mental distress caused by the incident of rape.

Additionally, the petitioner prayed the court to direct the Incharge Medical Officer and Medical Superintendent to scientifically hand over tissues drawn from the foetus for DNA identification to the Police Inspector at Utchal Police Station, Tapi, for forwarding to the concerned Forensic Science Laboratory.

The petitioner further prayed for directions to conduct the medical termination of the minor victim's pregnancy with two qualified surgeons, including a gynaecologist and an obstetrician, and in the presence of a qualified physician, to avoid any likelihood of harm to the minor's physical or mental health.

During a previous hearing, the High Court directed a panel of doctors at SMIMER Hospital in Surat to medically examine the girl and give an opinion the next day as to whether it was advisable to terminate her pregnancy at such an advanced stage.

The next day, the Professor and Head of Department at SMIMER Hospital, Surat, along with two other professors, submitted a report stating, “As victim's age is less than 18 years, continuation of pregnancy may be harmful physically as well as psychologically for her. As victim and her parents want termination of pregnancy, according to the MTP act, considering her mental health and age, medical termination of pregnancy can be done with due risks associated with termination at 28 weeks of pregnancy.”

The Court thus directed the Incharge Medical Officer, Medical Superintendent, and its expert panel doctors to perform the surgery/procedure for terminating the pregnancy of the girl at the earliest.

Case Title: ABC (Victim) Through Vasava Yakubbhai Chhaganbhai Versus State Of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 92

Click Here To Read Judgement