In a recent landmark ruling, the Gujarat High Court has granted permission to a 13-year-old rape victim from Rajkot to undergo an abortion of her 33-week pregnancy. The ruling came just days after a special POCSO court had previously dismissed the order. The intervention of the court shows intense concern for the well-being of the girl, both physically and emotionally, citing dangerous medical complications and her age.
Girl’s Health and Age Were Key Factors in Decision
The court's order was made by Justice Nirzar Desai, who considered several factors: the girl's age, her health status, mild anemia, and low IQ level. These were serious threats if the pregnancy was continued.
The court said, “After considering all factors related to the victim’s very young age, stage of pregnancy, moderate anemia, mental condition and low IQ level, it is evident that continuing the pregnancy will increase the risk for the mother.”
Even though the pregnancy was far beyond the 20-week legal limit set by India's Medical Termination of Pregnancy (MTP) Act, the court determined that a waiver was justified in this exceptional and sensitive case.
Medical experts support a late-term abortion
Doctors from the case accepted that although an abortion at 33 weeks carries risks, particularly with her anemia, it is medically feasible. The court stressed that the procedure should be done only after her anemia has been tested and stabilised.
The PDU General Hospital, Rajkot staff were ordered to do the abortion forthwith, preferably on the same day if at all feasible, with optimal medical safety in terms of preserving a steady flow of blood supply and supervision under senior physician scrutiny. “MTP can be performed after evaluation and correction of anemia, since the victim is at high risk of complications related to termination of pregnancy.”
Parental Consent and Girl’s Future Considered
The court stressed the necessity of informed consent from the parents before proceeding. The girl's parents must provide a written confirmation that they understand the associated risks.
The court said that "the bench said, “As medical termination of a pregnancy is possible, it should be carried out after obtaining written consent from her parents, saying that they understand the risk.”
The court further showed a concern about the girl's future and stated, "the girl's whole life lies ahead of her."
(Input from various sources)
(Rehash/Muhammad Faisal Arshad/MSM)