The Gujarat high court permitted a 16-year-old rape victim to undergo termination of pregnancy at her own risk and made it clear that the doctors who have put their opinions on record will have immunity in case any litigation arises in the future.
The rape victim and her father, residents of Banaskantha district, had approached the HC earlier this week seeking permission for abortion.
Justice Ilesh Vora directed the Palanpur civil hospital to conduct a medical examination and sought the opinion of the doctors on whether it was advisable for her to medically terminate the fetus since the pregnancy is in an advanced stage.
The doctors conveyed their opinion after examining the girl. They found the pregnancy to be a little over 19 weeks.
After hearing the arguments, Justice Vora permitted the rape victim to undergo the medical procedure at her risk. The court also clarified that the petitioners and their lawyer were duly informed about the risks involved and it was clarified that the girl was going ahead with the termination of pregnancy at her own risk.
Moreover, the court also made it clear that “the doctors, who have put their opinions on record, shall have immunity in the event of occurrence of any litigation arising out of the instant petition”. With this clarification, the high court directed the Palanpur civil hospital’s medical superintendent and senior gynaecologist to undertake the procedure of medical termination of pregnancy.
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