Gujarat High Court Grants Permission for Late-Term Pregnancy Termination in Rape Case
The Gujarat High Court has delivered a significant ruling, permitting a 32-year-old rape survivor from Surat, who has a learning disability, to terminate her pregnancy, which has advanced beyond 27 weeks. This decision underscores the court's commitment to balancing medical ethics with the welfare of vulnerable individuals.
Case Background and Legal Proceedings
The woman's pregnancy was discovered by her family after she complained of stomach pain, leading to an FIR being filed at the Athwalines police station on January 31 against the accused for rape. Her mother, represented by advocate Aditya Pancholi, approached the High Court seeking permission for the termination, arguing it was in the best interest of the woman's physical and mental health, given the trauma of the rape.
Medical and Psychiatric Evaluation
The court sought a medical opinion from a team of doctors at the Surat government hospital, who submitted a report on February 4 indicating the pregnancy was over 25 weeks at that time. A psychiatrist provided a provisional diagnosis of schizophrenia, with an IDEAS scale score of 13, suggesting moderate disability at approximately 70%. The evaluation concluded that the victim may not be capable of caring for herself or a baby at present, highlighting the risks associated with termination at such an advanced stage.
Court's Directions and Safeguards
After considering the evidence, the High Court permitted the termination and directed the hospital authorities to form a medical team to carry out the procedure in accordance with the Medical Termination of Pregnancy Act, ensuring the victim's consent is obtained. Given the criminal proceedings under the POCSO Act, the court mandated that tissue samples be collected for DNA identification using scientific practices and handed over to the investigating officer.
Provisions for Live Birth and Future Care
The court also issued necessary directions in case the baby is born alive and the victim does not wish to keep the child, ensuring appropriate care and legal protocols are followed. This comprehensive approach aims to protect both the survivor's rights and any potential offspring, reflecting the judiciary's nuanced handling of complex medical and legal issues.
