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Gujarat HC Allows Minor Girl To Abort 17-Week Pregnancy

| Updated: September 11, 2023 6:49 pm

Emphasising the values that mothers hold in society, the Gujarat High Court last week allowed the medical termination of a minor girl’s 17-week pregnancy.

Justice Samir J Dave cited the Skanda Purana that says there is no life-giver in this world like the mother. 

Livelaw.com reported that the court remarked that the parents of the minor girl shouldn’t pressure her for abortion. 

In the appeal by the father of the girl, it was said that the girl had an intimate relationship with a 22-year-old, resulting in pregnancy (16-17 weeks). The counsel for the girl’s father submitted that the accused concealed the relationship, though he was fully aware she was pregnant. 

The father learned about his daughter’s pregnancy through an image of a testing kit in the girl’s cell phone.

The court, taking into account the statement of the victim recorded under Section 164 of the CrPC as well as the police and medical reports of the victim, noted that there was not much merit to the objection raised by counsel for the accused. 

The court has said the relationship between the accused and the victim does not have any legal recognition since the victim is a minor.

The Court alluded to the ruling of the Kerala High Court, wherein it permitted a

woman claiming to be separated from her abusive husband to terminate her over 20-week pregnancy, Livelaw.com added.

Justice Dave pointed out that the Kerala High Court said the consent of the husband was not essential when the wife wanted to terminate her pregnancy. 

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