Gujarat High Court Grants Permission for 14-Year-Old Rape Survivor to Terminate Pregnancy
In a significant ruling, the Gujarat High Court on Tuesday permitted a 14-year-old rape survivor from Dang to terminate her 15-week pregnancy. The court directed the authorities at GMERS Medical College Hospital in Valsad to carry out the procedure in strict accordance with the provisions of the Medical Termination of Pregnancy (MTP) Act.
Background of the Case
The teenage victim became pregnant after being raped by a 28-year-old man from her village. The accused is currently behind bars after the Ahwa police registered an FIR against him under the Protection of Children from Sexual Offences (Pocso) Act. Seeking relief, the victim approached the High Court through her advocate, Rafik Lokhandwala, stating that she did not wish to continue with the pregnancy and requested permission for an abortion under the MTP Act.
Medical Examination and Court Proceedings
On February 12, the High Court ordered a comprehensive medical examination of the teen. A team of specialists, including gynaecologists, a psychiatrist, a physician, and a radiologist, conducted the examination. They confirmed that the victim's pregnancy was at 15 weeks and determined that it could be safely terminated.
Based on this medical assessment, the High Court granted permission for the survivor to proceed with the termination. The court directed the hospital authorities to constitute a medical team to perform the procedure. Additionally, the victim is required to submit an appropriate undertaking authorising the surgery to be conducted at her own risk.
Legal and Procedural Directives
Given that the case involves criminal proceedings under the Pocso Act, the High Court issued specific directives. The doctors are instructed to take necessary tissue samples for DNA identification, following scientific practices, and hand these samples over to the investigating officer concerned. This step is crucial for the ongoing legal proceedings against the accused.
The court also addressed potential scenarios, issuing necessary directions in case the baby is live at birth and the victim is not desirous of keeping the child. These measures ensure that all aspects of the situation are handled with care and in compliance with legal standards.
This ruling underscores the judiciary's commitment to protecting the rights and well-being of minors in distress, while adhering to the legal frameworks of the MTP and Pocso Acts.
