Bear medical expenses of teen rape victim who delivered baby: Gujarat HC to govt

The HC was hearing a petition filed by the minor’s father seeking MTP for her 35-week pregnancy that he claimed was discovered by the family last week and an FIR registered on October 24 at a police station in Ahmedabad District under sections of Bhartiya Nyay Sanhita Sections as well as the Protection of Children from Sexual Offences Act, 2012 (POCSO).

On October 28, 2025, the court issued an order to have empaneled Doctors at a hospital in Ahmedabad examine the victim to prepare a report for the court to know whether termination of pregnancy is medically feasible considering the fact that she is allegedly a victim of rape and her guardian inclines to terminate her pregnancy. The Medical Board was also directed to “clearly opine as to whether or not the foetus is viable or alive, and whether the foetus has any abnormality or not.”

A report submitted by the obstetrics and gynaecology (OBGY) department of the Ahmedabad hospital before the court, on Wednesday, stated that the victim had “developed labour pain and had delivered a child on October 28… at present, mother and baby are vitally stable.”

The court order says, “In view of the subsequent development, no case is made out to issue any direction (for) termination of pregnancy of the victim, as sought in the petition. Hence, the petition has become infructuous and stands disposed of…”

The court, issued directions considering that the minor is a victim of an offence, including neonatal care for the newborn child as well as periodic health check up of minor victim by a medical expert as well as for the medical costs of delivery, including the expenses towards treatment and nutrition of the victim and the new born child and all post-partum expenses for a period of six months to be paid by the state government.

The court order directed that after ascertaining the wish of the minor victim and physical condition of the newborn child, custody of the newborn child should be handed over to the Specialized Adoption Agency, Ahmedabad, in the supervision of the Child Welfare Committee. The court order also directed the Investigating Officer to make appropriate arrangement to shift the minor victim if she doesn’t want to reside along with her family members, where educational and vocational training should be provided to the minor, as per her wish, for a better future.

The court order also directed the District Legal Services Authority, Ahmedabad, to take appropriate steps to provide interim compensation as early as possible to minor victims after following due process under the Victim Compensation Scheme.

The minor’s counsel told The Indian Express on Wednesday, “The petition was disposed of as it was rendered infructuous with the minor victim delivering a baby… The family had learnt about the pregnancy out of rape when the victim complained of stomach pain last week and was taken for a medical examination. In her statement to the police, she has said that she was lured and raped by a person from her village on a couple of occasions. The police are probing the matter. We had requested the court to issue directions for compensation as well as rehabilitation and medical expenses of the newborn and the minor victim for a period of six months, which have been granted.”

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