Gujarat HC allows another rape victim to abort foetus

On Wednesday, the report was placed before the court which stated that the victim’s pregnancy can be terminated under MTP Act which “may not pose any injury to the mother or the foetus.”

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Pleading for abortion she has cited the section-3 of Medical Termination of Pregnancy (MTP) Act, 1971 which states that “where any pregnancy is alleged by a woman to have been caused by rape.

While the Gujarat High Court Wednesday disposed of a petition of a teenage rape victim from Junagadh whose six months pregnancy was successfully terminated, a fresh direction was issued by the court for similar exercise in another petition moved by a rape victim, in her early twenties, from Rajkot who is more than four months pregnant.

In the fresh case, the rape victim from Rajkot has sought permission to abort her pregnancy which she conceived after being raped by her “boyfriend” identified as Umed P Makwana. She has stated in the petition that she “developed physical relationship with Makwana after he promised to marry her” but he dumped her. She lodged the FIR on January 28 against Makwana under sections 376 (rape), 344 (illegal confinement) and 506 (2) (criminal intimidation) of the Indian Penal Code. She has said that on November 25 she realized that “she needed to get pregnancy terminated” but she was taken away from her home and was confined for about two months by the accused and his accomplices.

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Pleading for abortion she has cited the section-3 of Medical Termination of Pregnancy (MTP) Act, 1971 which states that “where any pregnancy is alleged by a woman to have been caused by rape, the anguish caused to such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.”

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Following her submission, justice Sonia Gokani sought the medical report of the petitioner victim from Rajkot civil hospital. On Wednesday, the report was placed before the court which stated that the victim’s pregnancy can be terminated under MTP Act which “may not pose any injury to the mother or the foetus.”

“After careful inquiry of the medical opinion as also bearing in mind the social circumstances faced by the victim, who is the victim of a rape, this court’s decision is guided by the interest of the victim rather than those of the society and the guardians of the victim,” justice Gokani observed in her order. Justice Gokani allowed the termination while directing the doctors to submit a report before the court for “its appraisal and for knowing the well being of the petitioner victim” by March 1. Before hearing this petition, justice Gokani also disposed of similar case related to a teenage rap victim from Junagadh who was six months pregnant. She was informed by the doctors of civil hospital in Ahmedabad that the victim’s pregnancy has been terminated and she will be discharged in coming days.

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