Gujrat High Court allows rape victim to undergo abortion
In a rare order, an 18-year-old Dalit rape victim has been allowed to undergo abortion after taking into account the numerous mental, social and other problems she may face if her 16 week pregnancy was not terminated.
Ahmedabad: In a rare order, an 18-year-old
Dalit rape victim has been allowed by the Gujarat High Court
to undergo abortion after taking into account the numerous
mental, social and other problems she may face if her 16 week
pregnancy was not terminated.
Pronouncing his order, Justice Anant S Dave said he
had kept in mind the best interests of the girl and her
"Keeping in mind the best interests of the girl and
her parents, and likely consequences and innumerable mental,
physical, social and economical problems in future if
pregnancy is not allowed to be terminated and resulted into
birth of a child, this Court has come to the conclusion that
the case falls within the parameters of Sections 3 and 4 of
the Medical Termination of Pregnancy (MTP) Act," Justice
Dave said in the order.
"There is no bar for termination of pregnancy in case
of a rape victim," he further said.
The victim from Deodar taluka in Banaskantha
approached the High Court last month seeking permission for
premature termination of the pregnancy. She is 16 weeks
According to the victim, she was abducted by one
Amratji Agraji Thakore from her village on September 28, 2010.
In her complaint to the police, she said she was kept
in the captivity by the accused for over two months and was
repeatedly raped before she was rescued in December 2010. The
accused is absconding.
The medical examination in December revealed that she
The Court also directed the Civil Surgeon of
government hospital, Ahmedabad, to conduct abortion, with the
help of a panel of expert doctors.
The court further said that if the panel of doctors is
of the opinion that termination of pregnancy would affect
the life and safety of the victim, it may reconsider the
Under the MTP Act, an advanced stage pregnancy cannot
be terminated, unless doctors believe that woman`s physical or
mental health is in danger. A pregnancy caused by rape is
covered by this exception.
The High Court also ordered that after the abortion,
the foetus be preserved for DNA testing as it could be a
useful evidence for the investigation of the rape case.