The Gujarat High Court in the case ABC vs. State of Gujarat and others observed and has allowed the 22-year-old rape victim to undergo medical termination of over 26 weeks of pregnancy after the medical board gave its recommendation for the abortion with some riders.
The bench headed by Justice Samir J. Dave in the case observed wherein the petition is moved by the girl seeking termination of the pregnancy on the grounds that it would have a potential impact on her physical and mental health.
The counsel, Advocate Nimit Shukla argued before the court on August 22, 2023 that the traumatic experience of rape had led to severe emotional distress, anxiety, depression, and other psychological issues which necessitated an abortion to safeguard the petitioner or victim’s overall well-being.
The court in the case observed and as directed the medical board to conduct her examination and submit a report before the High Court.
The court observed that the board of doctors had recommended that if at all, the pregnancy is to be terminated, the girl be provided with certain special medical facilities. Thus, it has also been directed by the court that the girl be provided with such facilities in the Sola Civil Hospital, Ahmedabad and the abortion be conducted by August 28, 2023.
Further, the court directed the police authorities to do the needful.
The Supreme Court in the case observed and has noted that forcing a woman to have a child conceived as a result of rape is against our constitutional philosophy.
The Apex Court in the case observed while allowing the petition moved for termination of pregnancy by a 25-year-old rape survivor.
The court also noted that pregnancy affected the physical and mental health of the woman, therefore, the court had set aside an order of the Gujarat High Court that had earlier dismissed the survivor’s petition for a medical termination of pregnancy.
The bench comprising of Justice BV Nagarathna and Justice Ujjal Bhuyan in the case observed and has stated wherein an urgent plea is moved of the survivor who approached the top court after being denied relief by the Gujarat High Court. Therefore, an Adivasi woman in a remote village in Gujarat, the petitioner was allegedly raped under the false pretext of marriage.
Further, she filed a writ petition in the high court for permission to terminate her pregnancy, but no relief was granted despite a favourable opinion of a medical board, at 26 weeks.