Court Prioritizes Physical and Emotional Well-Being in Medical Decisions for Pregnant Minors
Ahmedabad: The Gujarat High Court recently allowed a 16-year-old rape survivor to terminate a 24-week pregnancy, issuing comprehensive guidelines to medical boards and registered practitioners. These guidelines, issued by Justice Sanjeev J. Thaker on November 8, emphasize a thorough consideration of the pregnant person’s physical and emotional health when assessing requests for termination of pregnancy.
Referring to the Supreme Court’s decision in Mother of X vs. State of Maharashtra, the court specified that:
- Beyond Statutory Criteria: Medical boards should consider not only the legal criteria under Section 3(2-b) of the Medical Termination of Pregnancy Act but also assess the pregnant person’s overall health and well-being.
- Detailed Health Evaluation: The medical board’s report should address whether carrying the pregnancy to term would impact the pregnant person’s physical and mental health.
- Safety of Termination: The board must evaluate if terminating the pregnancy at the current stage is safe.
Justice Thaker clarified that these guidelines are not exhaustive, allowing medical boards to include additional considerations based on case specifics. The court’s directive followed a petition by the girl’s father, who argued that continuing the pregnancy would cause severe trauma and affect the minor’s life.
The court also laid down procedural conditions for the termination, including:
- Expert medical supervision and comprehensive pre- and post-operative care.
- State-covered medical expenses.
- DNA sampling of the fetus for identification.
In concluding, the High Court highlighted that, despite the pregnancy’s advanced stage, the risks associated with termination were not significantly greater than those of full-term delivery, making the termination in the best interest of the minor’s health and future well-being.
