Gujarat HC rejects rape victim’s plea to terminate pregnancy

The Court directed the state govt to look after the mother and the child and not let the baby be abandoned.

The Gujarat High Court on Thursday rejected a petition filed by a gangrape victim from Botad, who had sought permission to terminate her nearly seven-month pregnancy. The court told the victim  “to bravely go ahead with the pregnancy and when time comes, deliver the child..” and also directed the state government to look after the mother and the child and not let the baby be abandoned. The victim is 23-year-old and has two children.

While rejecting the petition, Justice J B Pardiwala held that such permission can’t be granted since the period of permitting abortion has expired and allowing the petition would have adverse impact on the health of the petitioner. He has also noted that investigation into the case is yet to be concluded. However, he stated that even from the point of view of law, permission can’t be granted.

The order said, “The Collector, Botad shall personally look into the matter and keep a close watch on the applicant and her family members including the husband of the applicant. The Collector shall ensure that proper medical facilities are provided to the applicant and the child is delivered safely. The Collector shall also see to it that after the delivery, the child is looked after well and is not abandoned in any manner. If necessary, the Collector can avail of the services of any NGO .”

The government lawyer, Mitesh Amin, said the court rejected the plea since the victim has reached 28th weeks of pregnancy and termination at this stage can’t be allowed in accordance with the law.