Chances Of 26 Weeks Old Foetus Surviving Extremely Low: Gujarat High Court Allows Rape Victim To Terminate Pregnancy

The Gujarat High Court recently permitted a rape victim to medically terminate her pregnancy of 26 weeks, stating that chances of survival of the foetus are extremely low at this gestational period.

Justice Samir J. Dave observed,

"according to Indian Medical Association guidelines, age of viability has been deemed to be 28 weeks of gestation or 1000 grams, both of which are not sufficed in the above mentioned case. Hence, it can be stated that chances of survival of fetus are extremely low."

The victim's mother had approached the High Court stating that the incident of rape has caused grave injury to the mental health of her daughter.

The court took in to consideration the Report of a Medical Board which revealed the victim is mentally and physically fit to undergo medical termination of pregnancy, and that considering her mental status- medical termination of pregnancy will be beneficial for her.

Accordingly, the court allowed the petition and permitted the medical termination of pregnancy of the victim.

Case Title: A B C (Victim) v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 51

Coram: Justice Samir J. Dave

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