HC allows minor rape victim to abort

The Gujarat High Court on Monday permitted the minor rape victim from Surendranagar district to medically terminate her pregnancy.

While observing that medical termination of pregnancy by a rape victim was not barred under law,Justice Anant Dave directed the medical surgeon of the Surendranagar Civil Hospital to conduct medical termination of pregnancy with two other qualified gynaecologists,provided the victim was found fit at the time of operation.

Justice Dave also told them to provide proper nutritious food and periodical check-ups to the victim,and to preserve the foetus for carrying out DNA tests on it. The victim belongs to a labourers family of Ghanshyampur village in Halvad taluka of Surendranagar district. A neighbour,Ghanshyam,at whose place she used to go to cook,allegedly raped her repeatedly. The girls family lodged a complaint at Halvad Police Station on March 11 after discovering that she was pregnant.

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When the girls family took her to a clinic for medical termination of pregnancy,the doctor asked them to get permission of the court first as it was a police case.

As a result,the girls family moved a petition in the Dhrangadhra Sessions Court under the provisions of the Medical Termination of Pregnancy Act,1971,seeking permission to terminate the pregnancy. However,the court turned down the plea,noting that there was no evidence on record to show that the health of the girl would suffer due to pregnancy.

Aggrieved by the order of the Sessions Court,the girl moved the HC on the grounds that pregnancy due to rape was mental agony for her and it definitely affected her mental health.