Justice Nirzar S. Desai, Gujarat High Court
Long Life Before Her: Gujarat High Court Allows Medical Termination Of 33-Week Pregnancy Of 13-Year-Old Rape Survivor
|A 13-year-old rape survivor approached the Gujarat High Court seeking termination of her 33-week pregnancy.
The Gujarat High Court has permitted the immediate medical termination of a 33-week pregnancy of a 13-year-old rape survivor, emphasizing that the procedure must be conducted only after obtaining the express consent of the minor's parents or legal guardians.
A Bench of Justice Nirzar S. Desai held, “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, Respondent No.3- In-charge Medical Officer and Medical Superintendent, PDU General Hospital, Rajkot, is directed 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.”
Advocate PV Patadia appeared for the petitioner and Advocate Megha Chitaliya appeared for the Respondent.
The Court issued the order after reviewing a detailed medical report submitted by a team of senior specialists from the PDU General Hospital in Rajkot. This team, comprising a gynaecologist, physician, psychiatrist, paediatrician, and radiologist, had earlier been appointed by a co-ordinate bench to assess the medical viability of terminating the pregnancy.
The report, based on an ultrasound dated May 9, placed the gestational age at 32 weeks and 6 days. It concluded that while the termination was medically feasible, it involved a high risk of complications due to the advanced stage of pregnancy and the minor’s anemic condition. However, the doctors noted that with correction of the anemia, the medical termination of pregnancy (MTP) could proceed, albeit with significant cardiorespiratory risks, and only after obtaining legal guardian consent.
Taking the report into account, the Court ordered the State's counsel to notify the In-charge Medical Officer and Medical Superintendent of PDU General Hospital about the court’s decision. These officials were instructed to promptly complete all necessary formalities to proceed with the MTP, ensuring that the risks were fully communicated to the minor’s parents or guardians in a language they could comprehend.
Additionally, the Court instructed the petitioner’s counsel to ensure that the minor girl and her parents/guardians are present at the hospital without delay, to enable the procedure to be carried out at the earliest possible opportunity.
Cause Title: ABC v. State of Gujarat & Ors., [2025:GUJHC:26997]