The order added that the newborn’s custody be handed over to the Specialised Adoption Agency, Surat, under the supervision of the Child Welfare Committee as per the wishes of the minor.
Stating that the procedure could pose a threat to her life, the Gujarat High Court has rejected the application seeking termination of the eight-month-old pregnancy of a 17-year-old rape survivor.
The minor was allegedly assaulted by her brother, who was arrested on July 10 on rape charges, a police official said.
The Court also asked the state government to bear all expenses of the child, from birth to adoption.
The order, passed by Justice MR Mengdey and made available on Saturday, states: “The Medical Superintendent, New Civil Hospital Campus, Surat shall take appropriate steps for follow-up of the health of the minor victim till she delivers the child. Special treatment to the newborn child is also ordered to be provided, including neonatal care, as per the requirement, for better growth and health of the newborn.”
The order added that the newborn’s custody be handed over to the Specialised Adoption Agency, Surat, under the supervision of the Child Welfare Committee as per the wishes of the minor.
The Court also directed the District Legal Services Authority to take appropriate steps and provide interim compensation to the minor as early as possible.
As per the case details, the 17-year-old had gone to a health centre to get her nephew administered a polio vaccination when health workers there suspected that she was pregnant. Tests were carried out at a private clinic, and she was found to be seven months pregnant at the time. Police were then informed. On July 9, she, accompanied by her elder sister, went to the local police station and lodged a complaint against her elder brother.
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Police inspector AS Sarvaiya said, “We arrested the accused, a 22-year-old, on July 10. He lived with his parents and sisters in a tent near a brick kiln site.”
The minor survivor approached the Legal Services Authority in Ahmedabad and filed a petition with the Gujarat High Court for termination of pregnancy through her lawyer. On July 14, the court asked a committee of doctors to examine the petitioner regarding her health condition.
The committee’s report stated that, as the pregnancy was approximately 34 to 36 weeks’ gestational age, and considering the risk associated with its termination at this stage, it was advisable to continue the pregnancy until the patient went into spontaneous labour.
The minor’s counsel told The Indian Express: “The court took into consideration the health risk to the girl and the child she is carrying, following which the order to not allow her to terminate the pregnancy was passed.”
Kamal Saiyed is a senior Correspondent for The Indian Express, providing extensive, on-the-ground coverage from Surat and the broader South Gujarat region and the Union territories of Daman, Diu & Dadra Nagar Haveli. With a reporting career at the publication spanning back to 2007, he has established himself as a high-authority voice on the industrial, social, and political pulse of one of India’s fastest-growing urban hubs.
Expertise
Industrial & Economic Beat: Based in the "Diamond City," Saiyed offers expert reporting on the diamond and textile industries. His work tracks global market shifts (such as De Beers production changes), local trade policies, and the socio-economic challenges facing the millions of workers in Surat’s manufacturing hubs.
Civic & Infrastructure Coverage: He consistently reports on urban development and public safety in Surat, including:
Traffic & Urban Planning: Monitoring the city's 13-fold increase in traffic violations and the implementation of new municipal drives.
Public Safety: Investigative reporting on infrastructure failures, fire safety NOC compliance in schools and commercial buildings, and Metro rail progress.
Political Reporting: Tracking the shifting dynamics between the BJP, Congress, and AAP in South Gujarat and the neighboring Union Territories (Daman, Diu, and Dadra & Nagar Haveli).
Crime beat: Armed with a good source network Saiyed has been able to bring out the human side of crime stories in his region ... Read More
