HC allows abortion of alleged rape survivor's pregnancy

Ahmedabad: Gujarat high court permitted the termination of a 24-week pregnancy of an 18-year-old alleged rape survivor from Junagadh district, on the grounds that “her mental status will adversely be affected, if the pregnancy continues“.
Justice Sonia Gokani on Monday directed that tissue from the fetus be handed over to the investigating officer so a DNA test can ascertain the identity of the alleged rapist, said advocate Jaal Unwala, who appeared for the rape survivor.
The girl's condition has been fragile since she consumed acid in September last year after being spurned by her boyfriend. She lodged an FIR with Chorwad police and the youth was booked for rape and issuing threats. She was hospitalized in Junagadh hospital. As her pregnancy advanced, she moved the HC to allow her to termina te her pregnancy which could be trouble for her and her poor family, as her parents are landless labourers.
She had to approach the high court because the Medical Termination of Pregnancy (MTP) Act prohibits any abortion after 20 weeks. The high court denied such permission in the past when similar cases came up, in which pregnancies were advanced be yond 20 weeks.
However, in one such case, the Su preme Court permitted a 14-year-old to abort her pregnancy even though i had advanced beyond 20 weeks.
Citing the SC order, Justice Goka ni had asked Sola Civil Hospital to ad mit the girl and sought the medica opinion of a team of doctors on whet her the abortion could be carried out.
The expert opinion stated that the girl would not face much of a physica problem, but it would cause injury to her mental health. “She, therefore falls under the criteria set out in the MTP Act. This continuance of preg nancy since involves grave injury to her mental health with her pregnancy being the result of rape, the anguish caused also is to be constituted as a grave injury to the mental health of the victim, and therefore also, termi nation of pregnancy is permitted,“ the court order reads.
The court has sought a report from the hospital superintendent on Fe bruary 24 on the well-being of the victim.
Abortion to be done today
Ahmedabad: Five-month fetus of an 18-year-old girl from Junagadh, who consumed acid after being raped, is likely to be removed on Tuesday at Sola Civil Hospital.
Dr Shailesh Patel, in-charge RMO at the hospital, said that the survivor was hospitalized on February 19 and her condition is stated to be stable. “Her fetus will probably be terminated on Tuesday. We were waiting for copy of the high court's order directing termination of pregnancy. We will have to conduct DNA test on the fetus as per the court's direction,“ he said.
“The survivor is kept under observation of expert doctors and her condition is stable,“ he added.