Gujarat High Court Grants Urgent Permission for Abortion of Minor Rape Survivor
The Gujarat High Court has taken a decisive step by permitting the medical termination of pregnancy for a 14-year-old and six-month-old rape survivor, issuing urgent directives to medical authorities in Dahod. The court has ordered the procedure to be carried out promptly at Zydus Medical College and Hospital, emphasizing the need for immediate action to alleviate the victim's suffering.
Legal Battle and Victim's Ordeal
This marks the second time the young survivor has approached the High Court seeking relief. Initially, in December, she filed a petition when her pregnancy was eight weeks old, prompting the court to order a medical examination and report. However, in a distressing turn of events, the girl was abducted shortly after this order. Her family managed to secure her custody by filing a habeas corpus petition in the High Court, highlighting the ongoing trauma she has endured.
Upon her safe return to her family, another application was submitted, requesting permission for abortion under the provisions of the Medical Termination of Pregnancy Act, 1971. The application cited severe mental health injury resulting from the sexual assault, underscoring the psychological toll on the victim.
Medical Assessment and Court's Ruling
Following the High Court's directive, a panel of doctors conducted an examination and reported on January 31 that the pregnancy had progressed to approximately 15 weeks and was still eligible for termination. During the hearing, Justice M R Mengdey expressed grave concern, stating that each day of delay would only add to the victim's agony. Consequently, the court granted permission for the pregnancy to be terminated at Zydus Medical College and Hospital in Dahod.
The court's order specified that the termination must be performed with all necessary medical facilities available at the hospital, ensuring proper care during both the pre-termination and post-termination periods. This comprehensive approach aims to safeguard the victim's health and well-being throughout the process.
Legal Safeguards and Responsibilities
In a move to uphold legal and ethical standards, the High Court directed the girl to file an appropriate undertaking, authorizing the panel of doctors to conduct the surgery at her own risk. Additionally, the court addressed potential outcomes, mandating that if the baby is born alive, the hospital must provide the best possible medical treatment to ensure the child develops healthily.
The court further clarified that if the victim is unwilling to assume responsibility for the baby, the state and its agencies shall take full charge. This includes offering medical support and facilities to the child, always keeping in mind the best interests of the child as outlined in the Juvenile Justice (Care and Protection of Children) Act, 2005.
Forensic Measures and Broader Implications
To aid in legal proceedings, the High Court also ordered authorities to secure tissue samples for DNA identification, a crucial step in ensuring justice for the victim. This case highlights the critical role of the judiciary in protecting vulnerable minors and addressing complex issues surrounding rape, mental health, and reproductive rights in India.
The ruling underscores the importance of timely medical interventions and robust legal frameworks in supporting survivors of sexual violence, setting a precedent for similar cases in the future.
