Gujarat HC allows teen to abort 15-week pregnancy
Earlier, on February 12, the HC passed an order directing the Medical Superintendent of the General Hospital of the district to submit a report regarding the risk factors involving the termination of pregnancy of the minor. The report was submitted to the court on February 16.
Earlier, on February 12, the HC passed an order directing the Medical Superintendent of the General Hospital of the district to submit a report regarding the risk factors involving the termination of pregnancy of the minor. The report was submitted to the court on February 16.
THE GUJARAT High Court (HC) on Tuesday permitted a 13-year-old rape survivor to abort a 15-week pregnancy on an “urgent basis”, considering the “mental agony” that the victim would have to undergo otherwise.
Justice M R Mengdey of the Gujarat HC was hearing a petition filed by the guardian of the minor – a rape survivor in a POCSO case registered at Dangs district. A report of a committee of GMERS Medical College Hospital in Valsad district, submitted by an Assistant Professor from the Department of Paediatrics, said that the victim had been examined by a gynaecologist, psychiatrist, physician and radiologist – and found the pregnancy to be of 15 weeks, which “can be terminated as per the MTP Act”.
In the oral order on Tuesday, the HC cited the “the best interest” theory for the victim settled through SC precedents and also considered the medical opinion of the Medical Board. The order states, “…Considering the medical opinion given by the Medical Board as well as considering the trauma, mental agony and possible social ostracism which the applicant-victim has to undergo, this Court is inclined to allow the prayer for medical termination of the pregnancy.”
The court directed that the hospital must “undertake the procedure of surgery on urgent basis along with other required expert doctors. The court considered the submissions of the Assistant Public Prosecutor (APP) that “the tissues from the foetus may be directed to be handed over for the purpose of DNA sampling in a scientific manner to the Investigating Officer” and issued appropriate directions.
The court also directed the hospital to ensure that the baby – if alive at birth – should be “offered the best medical treatment available, so that it develops into a healthy child” and if the victim is not willing to take responsibility of the baby, the state and its agencies shall assume full responsibility and offer medical support and facilities to the child, keeping in mind the best interests of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2005.”
The court order also cited precedents in similar matters that have held that the termination of pregnancy in cases as that of the minor “cannot be reduced merely to be defined as right of a woman sexually assaulted, but also to be recognized s a human right, as it affects dignified existence of a victim if the same is not permitted”.
Earlier, on February 12, the HC passed an order directing the Medical Superintendent of the General Hospital of the district to submit a report regarding the risk factors involving the termination of pregnancy of the minor. The report was submitted to the court on February 16.
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