In its recent judgement related to matter of rape of a minor girl the Gujarat High Court has directed the to abort the pregnancy of 12-year-old girl child allegedly raped by her own father and award a compensation of 2.5 Lakh Rs to the victim with immediate effect.
The orders were issued after a plea was filed by the mother of the 12-year-old and a medical report of the victim was prepared by the Sir Sayajirao Gayakwad General Hospital in Vadodara pursuing the order of September 4 by the court.
The FIR was lodged against the accused on September 2 by her mother and on September 4 the victim’s counsel filed for urgent hearing wherein he submitted that the victim was raped by her own father. The court was further informed about the 27-week pregnancy of the victim after the examination of the medical report conducted in pursuance of the registration of the FIR and that the victim was willing to terminate the pregnancy.
On that day itself, the Court directed the medical officer and medical superintendent of the Vadodara-based hospital to examine the victim under the Medical Termination of Pregnancy Act and submit a report before the Court.
The Section 3 of Medical Termination Act, 1971 provides the condition regarding the termination of pregnancy in cases of rape and section 4 serves the directions of how the such pregnancy can be terminate. The statute also provides power to make and implement regulation regarding the same tot the government.
In the particular case the bench of Justice Dave awarded the compensation for 2.5 Lakh Rs to the victim.
Written by Shubhi Yadav, College: UILS, PU Semester 3rd Working as intern under Legal Vidhiya.
