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Gujarat High Court Permits Alleged Minor Rape Victim Insisting Termination Of Pregnancy 'At Her Own Risk'; Medical Board Immune From Any Litigation

Bhavya Singh

18 Feb 2023 6:20 AM GMT

    • Gujarat High Court Permits Alleged Minor Rape Victim Insisting Termination Of Pregnancy At Her Own Risk; Medical Board Immune From Any Litigation

    The Gujarat High Court on Friday permitted an alleged rape victim (minor), who insisted to terminate her pregnancy of 19 weeks and 4 days despite the risks cited by the Medical Board, to do so at her own risk.Justice Ilesh J. Vora presiding the Court said that the doctors constituting the Medical Board will remain immune in the event of any litigation arising in this matter. It observed,"It...

    The Gujarat High Court on Friday permitted an alleged rape victim (minor), who insisted to terminate her pregnancy of 19 weeks and 4 days despite the risks cited by the Medical Board, to do so at her own risk.

    Justice Ilesh J. Vora presiding the Court said that the doctors constituting the Medical Board will remain immune in the event of any litigation arising in this matter. It observed,

    "It is clarified to the learned advocate for the petitioner and the petitioner also about the risk factors involved and that petitioner shall undergo the procedure of medical termination of pregnancy at her own risk. It is further made clear that the doctors, who have put their opinion on record, shall have the immunity in the event of occurrence of any litigation arising out of the instant Petition."

    The court ordered the Medical Superintendent/Senior Gynecologist of the General Hospital in the district to arrange for the procedure of medical termination of pregnancy of the petitioner at the earliest.

    On 14th of February, the High Court had ordered the Medical Superintendent, Civil Hospital, Palanpur, Dist. Banaskantha to prepare a detailed medical report before permission for termination of pregnancy was acceded to the petitioner.
    "The team of doctors shall examine the victim tomorrow i.e. on 15th February, 2023 and after an interaction with her, shall give in writing opinion at the earliest, bearing in mind the advanced stage of pregnancy and her physical and mental condition, whether there will be a substantial risk to the life of the victim, if the child would born as well as to ascertain whether termination of pregnancy medically feasible considering the fact that, she allegedly victim of rape and her guardian intent to terminate her pregnancy," it had ordered.
    Based on the medical report, the State submitted that since the pregnancy is at advance stage, it would be injurious to both the petitioner and the child.
    However, the counsel appearing for the petitioner submitted that the petitioner is a victim and she may be allowed to abort the child at her own risk.
    Allowing the special criminal application, the court ordered as follows, “It appears that since the petitioner is desirous of termination of pregnancy at her own risk, the petitioner is permitted to undergo medical termination of pregnancy at Civil Hospital…Accordingly, Medical Superintendent/Senior Gynecologist, General Hospital… is requested to arrange for the procedure of medical termination of pregnancy of petitioner at the earliest.”
    Case Title: GVV v. State of Gujarat | R/SPECIAL CRIMINAL APPLICATION NO. 2136 of 2023

    Case Citation: 2023 Livelaw (Guj) 39

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    Gujarat High CourtTermination of pregnancy
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