The Gujarat High Court has permitted the termination of a 25-week pregnancy of a 16-year-old rape survivor, underscoring the importance of her mental health, trauma, and overall well-being. The court stressed that delaying the procedure would only worsen the survivor’s psychological distress.
Court Emphasises ‘Best Interest’ of the Minor
In an order dated April 6, Justice M R Mengdey directed a team of senior doctors to urgently examine the survivor and proceed with the medical termination. The court relied on the “best interest” principle laid down by the Supreme Court of India, which prioritises the welfare and holistic development of children over rigid legal interpretations or parental considerations.
The High Court noted that every passing day would aggravate the minor’s trauma and that timely intervention was crucial for her recovery and future well-being.
Medical Board Recommends Termination Under MTP Act
A medical board at GMERS General Hospital, comprising gynaecologists, a psychologist, a physician, and a radiologist, examined the survivor. The board confirmed that the pregnancy had reached 25 weeks and 3 days.
Based on the risks to both physical and mental health, the board recommended termination under the provisions of the Medical Termination of Pregnancy Act, 1971.
Directions on Care for Newborn if Born Alive
The court further directed that in the rare event the foetus is born alive, the hospital must ensure the highest standard of neonatal care for the child’s healthy development.
Additionally, if the survivor chooses not to take responsibility for the child, the state authorities have been instructed to assume full responsibility. This includes providing medical care and necessary support in line with the Juvenile Justice (Care and Protection of Children) Act, 2005.
DNA Evidence and Investigation Protocols
To aid the ongoing investigation, the court ordered doctors to collect and preserve tissue samples for DNA identification using proper scientific procedures. These samples will be handed over to the investigating officer.
Legal Counsel Welcomes Humane Approach
Counsel for the petitioner, P S Dutta, appreciated the court’s humane stance, stating that the judgment places the minor’s physical and psychological condition at the forefront.
Similar Stand by Karnataka High Court
The ruling mirrors a similar decision by the Karnataka High Court, where termination of a 26-week pregnancy of a minor rape survivor was permitted. In that case, Justice R Nataraj highlighted the need to protect the dignity, honour, and vulnerability of minor survivors in sexual assault cases.
