The Gujarat High Court on May 12 allowed the medical termination of a 33-week pregnancy of a 13-year-old rape survivor, considering the girl's age and future well-being. The Court directed the authorities to carry out the termination procedure at the earliest, but only after obtaining express written consent from her parents and explaining the risks in a language they clearly understand.
The bench was headed by Justice Nirzar S. Desai, who reviewed a medical report submitted by senior expert doctors from PDU General Hospital, Rajkot. This team included specialists such as a Gynaecologist, Physician, Psychiatrist, Paediatrician, and Radiologist. The report had been prepared following an earlier order for examining the minor girl's condition and feasibility of medical termination of pregnancy (MTP).
As per the ultrasonography report dated May 9, the girl was 32 weeks and 6 days pregnant. The medical board stated that while termination was possible, it would carry high risks, especially related to cardiorespiratory complications. The doctors also emphasized the need to correct her anaemia before the procedure.
“MTP can be done with due high cardiorespiratory risk after correction of anaemia,” the report stated.
Justice Desai took note of the girl's young age and the long life ahead of her, stressing the importance of minimizing the trauma. He clearly stated that her parents or guardians must be made fully aware of the health risks involved in the procedure and that they must give written consent after understanding these risks in their own language.
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“I have considered the fact that the present applicant is only 13 years of age and she has a long life before her… The ends of justice shall be met by making the parents/guardians understand the risk of MTP and obtain their consent in the language they understand,” said Justice Desai.
The Court then instructed the Medical Officer and Medical Superintendent at PDU General Hospital, Rajkot, to carry out the termination with utmost care and caution. The judge ordered that all necessary medical arrangements, including availability of blood, and presence of experts from all required medical fields, be ensured during the procedure.
“The procedure must be performed with utmost care and caution… ensure the presence of experts of various branches of medicine,” the order stated.
The Court further instructed the State counsel to immediately inform the concerned hospital authorities about the order and complete all necessary legal and medical formalities. The petitioner's lawyer was also asked to inform the girl’s parents/guardians and ensure their presence at the hospital, along with the minor, so that the process could be carried out as soon as possible.
Case title: ABC v/s State of Gujarat and Others
