Latest news with #MTP)Act
India Today
25-05-2025
- Health
- India Today
Madhya Pradesh court allows minor rape survivor to deliver baby, orders full support
The Madhya Pradesh High Court has allowed a 31-week-pregnant minor to deliver her baby. The decision was delivered by Justice Vinay Saraf during a vacation single bench hearing. The court also directed the state government to ensure the girl receives complete medical care and continued support after the child is police had informed the Additional District Judge (ADJ) court about a minor who had been sexually assaulted and was found to be pregnant. A medical report confirmed that the foetus was 29 weeks and 6 days old. Doctors warned that attempting an abortion at this stage could endanger the girl's life. Based on this, the ADJ court referred the case to the High Court, which then passed the present minor, accompanied by her parents, submitted a letter to the High Court expressing their decision to carry the pregnancy to term and deliver the child. The court took note of the gynaecologist's report, which confirmed that the foetus was over 29 weeks old at the time. By the time of the judgment, the gestational age had advanced to approximately 31 weeks. Considering this, the Court observed that terminating the pregnancy at such a late stage could pose a significant risk to the minor's life. The court said that given the circumstances, no directions can be issued for the medical termination of the pregnancy, and disposed of the petition. The High Court has directed that the state shall provide all necessary medical facilities through a team of specialist doctors to support the victim throughout her pregnancy and expenses related to childbirth shall be borne by the state. The medical team must exercise the utmost care and caution during the pregnancy, delivery and postnatal period, as required. Post-delivery care shall also be provided to the victim and the State Government shall assume responsibility for the child in accordance with established norms. Furthermore, the State Government is directed to ensure that the child receives free education up to Class 12th, and all essential medical facilities until the child attains the age of majority. The identities of both the victim and the child must be kept strictly confidential," said the court has also urged the State Government to consider formulating a comprehensive policy to provide food, shelter, education, and safety for children born to survivors of sexual assault, rape, or court noted that the Medical Termination of Pregnancy (MTP) Act protects medical boards when they give a well-meaning opinion on ending a pregnancy. However, it said boards should not follow only the strict rules of the Act. They must also consider the woman's physical and emotional health. The court added that boards must clearly explain their opinions and any changes they make as situations develop. Most importantly, a woman's consent is the top priority in decisions about ending a Reel IN THIS STORY#Madhya Pradesh
India Today
13-05-2025
- Health
- India Today
Gujarat court allows abortion of 33-week pregnancy in 13-year-old rape victim
The Gujarat High Court on Monday allowed the abortion of a 33-week pregnancy of a 13-year-old rape survivor from Rajkot. The decision came nearly a week after a special POCSO court rejected her plea for the minor became pregnant after being raped multiple times by her neighbour while her mother and stepfather were away at work. A First Information Report was registered at the Rajkot B-Division Police Station on May 3, 2025, under charges of rape and provisions of the Protection of Children from Sexual Offences (POCSO) Nirzar Desai of the Gujarat High Court observed that the girl suffers from moderate anaemia and has a low IQ level, factors which increase the medical risk of continuing the pregnancy. The court said, 'After considering all factors related to the victim's very young age, stage of pregnancy, moderate anaemia, mental condition and low IQ level, it is evident that continuing the pregnancy will increase the risk for the mother.'The court said that although the pregnancy had crossed the usual 20-week limit set by the Medical Termination of Pregnancy (MTP) Act, a judicial exemption was justified in this case, given the circumstances of sexual assault and the girl's medical experts informed the court that the abortion could still be conducted, although it carries a high risk of complications due to anaemia. 'Termination of pregnancy is possible though the procedure carries a high risk of complications as the girl suffers from anaemia,' the medical opinion court directed that the procedure must be carried out under the supervision of a specialist doctor and only after the girl's anaemia is evaluated and treated. It further said that, 'MTP can be performed after evaluation and correction of anaemia, since the victim is at high risk of complications related to termination of pregnancy.'Highlighting the importance of informed consent, the bench said, 'As medical termination of a pregnancy is possible, it should be carried out after obtaining written consent from her parents saying that they understand the risk.' The court stressed that the girl has a long life ahead and the pregnancy termination should proceed with the utmost care and necessary in-charge Medical Officer and Medical Superintendent of PDU General Hospital, Rajkot, have been instructed to carry out the abortion as soon as possible, preferably on the same day, ensuring all necessary medical facilities and precautions are in place. 'They are directed to perform the procedure while ensuring that all possible care is taken and arrangements are made for necessary medical facilities such as blood supply, possibly on Monday itself,' the court inputs from PTIMust Watch IN THIS STORY#Gujarat
Time of India
12-05-2025
- Health
- Time of India
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 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 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 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."
