Keywords: Termination, MTP, Orphanage, POCSO, IPC, psychologist, Violence, Judicial Intervention.
In a landmark decision, the Gujarat High Court on Friday granted permission for the termination of a 27-week pregnancy of a 16-year-old orphan girl who had become pregnant as a result of rape in Bhavnagar. The decision came after the minor, represented by a woman, approached the High Court seeking permission for the termination under the provisions of the Medical Termination of Pregnancy (MTP) Act.
The young girl had been in a relationship in Bhavnagar, which led to her pregnancy. It was only in November 2023, during the Diwali holidays, when she returned to the Ahmedabad orphanage, that the pregnancy came to light. Observing her baby bump, women workers at the orphanage questioned her, and she subsequently revealed the harrowing story of her ordeal.
A case was registered under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act at a police station in Bhavnagar in connection with the matter.
The Medical Termination of Pregnancy Act mandates court permission for terminating pregnancies beyond 20 weeks, especially if there is a threat to the life or health of the mother or the child. The Gujarat High Court’s decision followed a thorough examination of the girl’s medical report, submitted by the Bhavnagar Civil Hospital in a sealed cover.
Before pronouncing the judgment, the court took the unusual step of directly speaking to the minor through video conferencing to ensure her consent for the termination of the pregnancy. As per the court’s order, a team of doctors, comprising three gynaecologists and one psychologist, will perform the operation to terminate the 27-week-old pregnancy.
Crucially, the court emphasized that if the fetus survives the termination, the government will bear the responsibility for its care and upbringing.
This decision by the Gujarat High Court highlights the complexities surrounding cases involving minors and pregnancies resulting from sexual violence. It underscores the legal framework’s recognition of the unique circumstances that require judicial intervention, balancing the rights and well-being of the minor survivor. The case is expected to set a precedent for similar situations, emphasizing the importance of empathy and comprehensive support for survivors of sexual violence.
Timesofindia.com , https://timesofindia.indiatimes.com/city/ahmedabad/rape-survivor-approaches-hc-for-27-week-mtp/articleshow/105429992.cms
Written by : shalmali ugare, College: DESNFLC , PUNE, Sem : 3rd Intern under legal vidhiya
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.
0 Comments