The Gujarat High Court in the case XYZ Minor Victim Versus State Of Gujarat observed and has allowed the termination of over 20 weeks-old pregnancy of a minor rape victim and said the medical procedure be undertaken at the earliest possible time while considering the mental and physical health of the 17 years and 2 months old victim girl.
In the present case, the victim filed a petition wherein seeking the termination of the pregnancy. Therefore, with regards to the rape, an FIR stands registered with Anjar Police Station, District Kutch, for the offence as stated under section 376(2) and section 506(2) of the Indian Penal Code, 1860 and under section 6 of the Protection of Children from Sexual Offences Act, 2012. Thus, she in the case also prayed for DNA sample preservation.
The court in the case observed and has directed the Medical Officer of Civil Hospital, Bhuj, to form a panel of experts on May 31, 2023. Therefore, the said panel was tasked with assessing the mental and physical condition of the victim in relation to the termination of her pregnancy, which includes any of the risk associated.
The court in its order stated that the victim is to be xamined by a panel of doctors from the Gujarat Adani Institute of Medical Sciences, G.K. General Hospital in Bhuj, Kutch. Based on the assignment of them, it has been certified by the panel that the victim was 20 weeks and 1 day pregnant, as determined by an ultrasound examination.
Further, it has also been stated by the Panel that the risk of complications from medical termination of pregnancy for the victim is comparable to other women of the same age and gestational period. It has also been recommended that the procedure be carried out as soon as possible to avoid further complications associated with advancing gestational age.
The bench headed by Justice Sameer J Dave in the case stated that any decision regarding medical termination of pregnancy depends upon the facts and circumstances of each case.
Accordingly, the court allowed the plea.