Ahmedabad: Gujarat High Court denied a minor rape victim permission to abort her pregnancy as it was at an advanced stage of 32 weeks and the foetus was fully developed. It observed that medical termination at this stage was unsafe for the girl as well as for the newborn.As the family seemed reluctant to keep the child, HC has ordered govt authorities to arrange for the newborn’s adoption before the due date of delivery after obtaining permission from the girl and her parents.The victim is from north Gujarat and is 15 years and six months of age. She approached HC for abortion, stating that she and her family did not want to continue with the pregnancy and didn’t want the child.HC called for a medical opinion and the medical board at GMERS Medical College at General Hospital in Himmatnagar stated that termination would be possible, but it “may result in live born foetus and require NICU admission. Baby may suffer morbid conditions like chronic hypoxia due to anemia which may lead to intrauterine growth restriction, respiratory distress syndrome due to surfactant deficiency, neonatal sepsis, hypoglycemia, necrotizing enterocolitis, still birth, increase neonatal morbidity and mortality, potential long term developmental problems associated with prematurity”.Justice M K Thakker rejected the request for medical termination of pregnancy. Upon the family’s reluctance to keep the newborn, HC directed authorities to ensure regular medical monitoring until delivery, provide transportation for check-ups and delivery, and bear medical, nutrition and post-delivery expenses.The court ordered steps for interim compensation under the Victim Compensation Scheme, coordination by social defence authorities, and collection of the newborn’s DNA sample for forensic examination after delivery, as the case involves an FIR under the Pocso Act.The court also directed the District Legal Services Authority to facilitate rehabilitation support including education and vocational training of the minor victim.
