Ahmedabad: The Gujarat high court has permitted the medical termination of pregnancy of a rape survivor who is 14 years and six months old, and has directed medical authorities in Dahod to carry out the procedure urgently at Zydus Medical College and Hospital. The rape survivor approached the HC for the second time for this relief. When she filed a petition in the HC in Dec for termination of an eight-week pregnancy, the HC ordered the medical authorities to examine her and submit a report. However, the girl was abducted immediately after this, and her custody was secured by her family by filing a habeas corpus petition in the HC. Upon her return to the family, another application was filed for permission for abortion under the provisions of the Medical Termination of Pregnancy Act, 1971, citing grave injury to the victim’s mental health following sexual assault. After HC order, the doctors’ panel reported on Jan 31 that the pregnancy was about 15 weeks and could be terminated.After the hearing, Justice M R Mengdey said that, considering the fact that each day’s delay will add to the victim’s agony, the victim was permitted “to get the pregnancy terminated at the Zydus Medical College and Hospital, Dahod. The termination of pregnancy be carried out with all the necessary medical facilities available at the disposal of the hospital and on ensuring proper care in pre-termination and post-termination periods.”The HC directed the girl to file an appropriate undertaking giving authorization to the panel of doctors to conduct the surgery at her risk. The HC also said that if the baby is alive at birth, the hospital should ensure that the baby is offered the best medical treatment available, so that it develops into a healthy child. “If the victim is not willing to assume the responsibility of the baby, the state and its agencies shall assume full responsibility and offer medical support and facilities to the child, keeping in mind the best interests of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2005.“The HC also ordered the authorities to secure tissue samples for DNA identification.
