Gujarat high court allows abortion of 33-week fetus for 13-year old rape victim
Ahmedabad: The
Gujarat high court
on Monday permitted a
13-year-old rape victim
to abort a 33-week pregnancy and directed the superintendent of Rajkot's PDU Hospital to undertake the procedure after getting consent from the victim and her guardians.The victim approached the HC last week after a Rajkot sessions court rejected her application on May 6 for abortion on the grounds that she was too young and the pregnancy was at a very advanced stage.
Her haemoglobin (Hb) level was found to be only 8.2g, and she would carry a high risk if the pregnancy was terminated.The victim and her mother filed a petition through advocate P V Patadiya in HC seeking permission under the Medical Termination of Pregnancy (MTP) Act. The HC sought a medical report from the Rajkot hospital, and a panel of gynaecologist, physician, psychiatrist, paediatrician, and radiologist examined the victim and submitted its opinion. It stated that MTP could be done after evaluation and correction of anaemia with due high risk of complication.Justice Nirzar Desai stated, "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, 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 HC directed the medical superintendent of PDU Hospital "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 etc., at the earliest and if possible, today, itself." The HC directed the medical authorities concerned to explain the risk factor to the parents of the victim and obtain their "written, express consent."
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