By Astha Bhumish Shah 

The Gujarat High Court granted permission for the termination of a 27-week pregnancy of a 15-year-old mentally challenged, tribal girl from the Tapi district. The Court emphasized the girl’s mental condition, family background, and the advanced stage of pregnancy in its decision. In the present case, the petitioner, who is 15 years and 9 months old, at the earliest prayed the Court to issue an appropriate writ, order, or direction to the respondent authority to terminate her pregnancy. This prayer was made in the best interest of the victim, given her young age, physical health, and severe mental distress caused by the incident of rape. Additionally, the petitioner prayed the Court to direct the Incharge Medical Officer and Medical Superintendent to scientifically hand over tissues drawn from the foetus for DNA identification to the Police Inspector at Utchal Police Station, Tapi, for forwarding to the concerned Forensic Science Laboratory. The petitioner further prayed for directions to conduct the medical termination of the minor victim’s pregnancy with two qualified surgeons, including a gynaecologist and an obstetrician, and in the presence of a qualified physician, to avoid any likelihood of harm to the minor’s physical or mental health. 

During a previous hearing, the High Court directed a panel of doctors at SMIMER Hospital in Surat to medically examine the girl and give an opinion the next day as to whether it was advisable to terminate her pregnancy at such an advanced stage. The following day the Professor and Head of Department at SMIMER Hospital, Surat, along with two other professors, submitted a report stating that given that the victim is under 18 years, continuing the pregnancy could be harmful both physically and psychologically. Additionally, the victim and her parents wish to terminate the pregnancy. According to the Medical Termination of Pregnancy (MTP) Act, considering her mental health and age, the pregnancy can be terminated, although there are risks associated with terminating a pregnancy at 28 weeks. Therefore, the Court directed the Incharge Medical Officer, Medical Superintendent, and its expert panel doctors to perform the surgery/procedure for terminating the pregnancy of the girl at the earliest. (ABC (Victim) Through Vasava Yakubbhai Chhaganbhai Versus State of Gujarat & Ors. – R/Special Criminal Application (Direction) No. 8562 of 2024) 

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