Gujarat High Court Refuses Permission 13-Yr-Old Rape Survivor To Abort 27-Week Fetus, Orders State To Give Financial Support

The Bench of Justice B. N. Karia was hearing the plea of a petitioner (Father) who requested to permit her daughter (13-Yr-Old Rape Survivor) to get her pregnancy terminated, after taking medical opinion from any Government Hospital.

To this, the Court last week directed Medical Officer of SSG Hospital, Vadodara to examine the minor girl for her pregnancy and condition of the victim girl and forward a clear opinion.

Report of SSG Hospital, Vadodara

After thorough examination and review of case, the Medical Committee of the Hospital opined that the minor girl is having 26-28 weeks viable pregnancy.

While doing Psychiatrist interview and evaluation, it was found that she is having low intelligence and that she is under stress due to unwanted even and pregnancy.

Importantly, the Committee concluded that at this gestational age, the risk of termination of pregnancy is higher than delivery at term and at present she is having uncomplicated ongoing pregnancy. The Committee also remarked that the baby has a fair chance of survival if given optimum care.

Court's Observations

Considering the report submitted by concerned doctors as well as submissions the advocate for the applicant, the Court directed that victim-girl would be permitted to continue her stay with the One Stop Centre at Rajpipla.

The Court directed the Superintendent or concerned Authority of the One Stop Centre to provide the victim-girl all possible medical treatment and conduct necessary tests which would also include the counseling by psychologist/Psychiatric and shall also provide requisite medicines and nutritious food.

Directions issued by the Court

• At the time of delivery, the victim girl will be referred SSG Hospital at Vadodara as per her desire expressed before the Court wherein her delivery, treatment and and necessary care shall be taken by the Superintendent of SSG Hospital, Vadodara.
• The One Stop Centre at Rajpipla is directed to ensure the periodical check-up of the victim-girl in the SSG Hospital, Vadodara.
• For the present, the victim-girl may get herself checked up periodically in the SSG Hospital, Vadodara.
• The authorities shall see to it that 10 days before the due date, she is brought to the SSG Hospital, Vadodara, and delivers the baby in the SSG Hospital, Vadodara.
• The medical experts of the SSG Hospital, Vadodara are requested to provide all the facilities including counseling, etc.
• They are also requested to reserve a special room for the victim and her family members as required at the appropriate time.

Importantly, the Court directed the authorities that in case the victim-girl and her family inform them about their unwillingness to keep the child, then the efforts should be made to make necessary arrangement for the adoption of child by involving the concerned officials for the adoption of child from the Central Adoption Resource Authority (CARA) or any other recognized Institution.

Lastly, the Court directed that all the expenses incurred in this regard shall be borne by the Department of the Health and Family Welfare, State of Gujarat. The Court also made it clear that the parents of the victim-girl can approach State Legal Service Authority if there is any further requirement in this regard.