Gujarat High Court Permits Termination Of Minor Rape Survivor's 33-Week Pregnancy, Says She Has A Long Life Before Her

The Gujarat High Court on Monday (May 12) directed the medical termination of a minor rape survivor's 33-week pregnancy, ordering the authorities to carry out the procedure at the earliest after obtaining "express consent" of the parents and explaining the risks to them in the language they understand. 

Justice Nirzar S Desai passed the order after examining a report submitted by senior expert doctors at PDU General Hospital in Rajkot who had been earlier directed by a co-ordinate bench to examine the 13-year-old survivor for termination of pregnancy. The court was hearing the minor girl's plea seeking medical termination of pregnancy. 

On Monday the court perused the report submitted by a team of doctors–Gynaecologist, Physician, Psychiatrist, Paediatrician and Radiologist–which had examined the minor girl which stated that the medical termination of pregnancy can be done after evaluation and correction of anaemia "with due high risk of complication of the minor girl, after consent of the legal guardian". As per ultrasonography report of May 9, the gestational age was 32 weeks and 6 weeks. 

The report said that while correction of anaemia was required however "MTP can be done with due high cardiorespiratory risk after correction of anaemia". 

Justice Desai thereafter said:

"I have considered the fact that the present applicant is only 13 years of age and she has a long life before her and as the MTP is possible, as per the aforesaid report, the ends of justice shall be met by making the parents / guardians of the victim girl understand the risk of MTP and after obtaining their consent in the language they understand or the vernacular language and after obtaining their signatures expressively to the effect that despite knowing the risk factors of performing MTP, they gave consent for the same,Respondent No.3- In-charge Medical Officer and Medical Superintendent, PDU General Hospital, Rajkot, is directed to perform the procedure of MTP, looking to the age of the victim girl, after taking all possible care and caution and after making arrangements for all the medical facilities, which may required during the performance of MTP, i.e. arrangement of blood etc.,at the earliest and if possible, today, itself. Respondent No.3 is also directed to ensure that the experts of various branches of medicine, whose presence maybe required at the time of MTP, be kept present and such procedure must be performed with utmost care and caution. With the aforesaid observations and directions, this petition stands disposed of". 

The court further asked the State counsel to inform the In-charge Medical Officer and MedicalSuperintendent, PDU General Hospital about the court's order and complete the necessary formalities for performing the MTP, after explaining the risk factors to the girl's parents/guardians in the language they understand/vernacular language and obtain their written express consent.

The court also directed the petitioner's counsel to inform the parents/guardians to reach the hospital along with the minor girl so that the needful can be done, at the earliest.

Case title: ABC v/s State of Gujarat and Others

Click Here To Read/Download Order 

Citation: 2025 LiveLaw (Guj) 72