Ahmedabad: The Gujarat High Court allowed a plea of minor rape survivor for medical termination of 33-week pregnancy, observing she is only 13 years of age and she has a long life before her.
Justice Nirzar S Desai, while allowing the plea, took note of a medical report suggesting she was having moderate anemia and evaluation and correction of anemia was required at present. The report further said that considering her age and anemia factor, victim is high risk for termination of pregnancy, however, MTP can be done with due high cardiorespiratory risk after correction of anemia.
What did the High Court say?
“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 (medical), 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,” the High Court said.
High Court directed to perform procedure of MTP at the earliest
The High Court directed the in-charge Medical Officer and Medical Superintendent, PDU General Hospital, Rajkot, 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 require during the performance of MTP, i.e. arrangement of blood at the earliest.
The High Court also directed the in-charge Medical Officer and Medical Superintendent, PDU General Hospital, Rajkot to ensure that the experts of various branches of medicine, whose presence may be required at the time of MTP, be kept present and such procedure must be performed with utmost care and caution.
POCSO court court rejected minor’s prayer for permission to medically terminate her unwanted pregnancy
The minor victim, hailing from Rajkot, Gujarat, was allegedly repeatedly raped by her neighbour when her mother and step-father were out for work. A First Information Report (FIR) was registered on May 3. 2025. A special Protection of Children from Sexual Offences (POCSO) court rejected her prayer for permission to medically terminate her unwanted pregnancy.
The minor, in her plea before the High Court, sought direction to the respondent authority to terminate her pregnancy at the earliest in the best interest of the victim, considering her very young age, physical health and incident of rape causing grave injury to her mental health.
