In a significant ruling, the Gujarat High Court has granted permission for a 22-year-old rape survivor to undergo a medical termination of her pregnancy that has exceeded 26 weeks. The decision, passed by Justice Samir J. Dave, is based on the girl's plea, supported by a medical board's recommendation, which emphasized the potential impact of the pregnancy on her physical and mental health.
The survivor's legal counsel, Advocate Nimit Shukla, presented her case before the court on August 22, highlighting the severe emotional distress, anxiety, and depression resulting from the traumatic experience of rape. The counsel argued that an abortion was necessary to protect the survivor's overall well-being.
Taking into account these factors, the court swiftly directed a medical board to conduct an examination of the survivor and present a report to the court.
Upon reviewing the medical board's report, the court acknowledged the recommendation for a termination, along with specific medical facilities to be provided to the survivor. Accordingly, the court ordered that the abortion take place at Sola Civil Hospital in Ahmedabad and be completed by August 28. The court also instructed authorities to preserve the fetal tissues for DNA testing, crucial evidence for the ensuing trial.
This decision aligns with a recent observation by the Supreme Court, which stated that compelling a woman to carry a child conceived through rape contradicts the constitutional principles of autonomy and well-being. The top court had earlier ruled in favor of a 25-year-old rape survivor seeking an abortion, emphasizing the adverse physical and mental health impact of such pregnancies.
In this case, the survivor, an Adivasi woman from a remote Gujarat village, had allegedly been raped under false promises of marriage. Despite her plea for pregnancy termination in the high court, relief was denied even with the support of a favorable medical board opinion.
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