The Gujarat High Court has refused to allow the medical termination of a 34-week pregnancy of a 17-year-old rape survivor from Navsari, ruling that ending the pregnancy at such an advanced stage could seriously endanger the minor’s life.
While declining permission for abortion, the court directed the Gujarat government to take complete responsibility for the girl’s medical care, the newborn’s treatment and the adoption process after the child’s birth. It also ordered that the survivor receive interim compensation under the Victim Compensation Scheme.
Pregnancy came to light during an Anganwadi visit
The case surfaced unexpectedly when the minor accompanied her elder sister to an Anganwadi centre to administer polio drops to her sister’s child.
During the visit, an Anganwadi worker noticed physical signs that suggested the teenager might be pregnant. A pregnancy test was conducted, which confirmed the suspicion. The elder sister then took the girl for a detailed medical examination.
An ultrasound scan revealed that the minor was more than seven months pregnant. As required by law, the doctor informed the police about the case.
Minor accuses elder brother of repeated sexual assault
After receiving the information, police initially visited the family’s residence but found no one present. They later contacted the victim’s elder sister, who brought the minor to the police station to file a complaint.
During her statement, the 17-year-old alleged that she had been repeatedly sexually assaulted by her biological elder brother.
Based on her complaint, Bilimora police registered a case under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. The accused was arrested and later sent to judicial custody.
Medical board advises against abortion
The victim’s lawyer approached the Gujarat High Court seeking permission to terminate the pregnancy.
Following the court’s directions, a medical board at Surat Civil Hospital examined the minor and confirmed that the pregnancy had reached around 34 weeks.
According to the board, the foetus was fully viable and weighed more than two kilograms. Doctors also stated that terminating the pregnancy at this stage could pose a serious threat to the minor’s health and could affect her future pregnancies.
Considering the medical opinion, the High Court refused to permit the abortion and directed that the pregnancy continue until natural delivery.
Court orders complete medical care for mother and child
While refusing the termination request, the High Court issued several directions to ensure the welfare of both the survivor and the baby.
The Medical Superintendent of Surat Civil Hospital has been directed to provide proper medical treatment and monitoring to the minor until delivery.
The court also ordered that the newborn receive all necessary neonatal care immediately after birth. Doctors have been instructed to conduct regular health check-ups for both the mother and the child.
In addition, the Gujarat government has been directed to bear all expenses related to the delivery, medical treatment and nutritional care.
Government to cover postnatal expenses for six months
The High Court further ordered the state government to pay for the medical and nutritional needs of both the mother and the newborn for six months after the delivery. The court said the financial responsibility should continue until all necessary medical care is completed.
Newborn to be given for adoption
Since the minor is a rape survivor, the High Court directed that after the child’s birth, the newborn should be handed over to a recognised adoption agency in Surat.
The process will take place under the supervision of the Child Welfare Committee and will depend on the wishes of the minor as well as the medical condition of the baby.
Victim to receive interim compensation
The High Court also directed the District Legal Services Authority (DLSA) to immediately begin proceedings under the Victim Compensation Scheme. It instructed authorities to release interim compensation to the survivor at the earliest.
The Secretary of the DLSA has also been asked to personally monitor the implementation of all court directions until the child is born and the adoption process is completed.
High Court has permitted abortions in several earlier cases
The case is notable because the Gujarat High Court has, in several previous cases involving rape survivors, allowed the termination of pregnancies at different stages after considering medical opinions.
According to records mentioned before the court, approvals have previously been granted in cases involving both minors and adult women with pregnancies ranging from seven weeks to as late as 33 weeks.
However, in the present case, the medical board concluded that terminating a 34-week pregnancy would pose a serious risk to the survivor’s life. Accepting that opinion, the High Court decided against allowing the abortion while ensuring comprehensive medical, financial and legal support for the minor and her child.
Also Read: 147 Girls Hospitalised After Suspected Food Poisoning At Gujarat School https://www.vibesofindia.com/gujarat-surendranagar-school-food-poisoning-147-girls-fall-ill/
