Gujarat High Court: B.N. Karia, J., decided upon a petition which was filed with a request seeking permission to get the pregnancy terminated.
The Counsel for the petitioner, Mr Hardik H Dave had submitted that the victim was aged 13 years and accused is the paramour of the mother of the victim and they lived in the same house. The petitioner while having the doubt that her sister may be pregnant and to confirm the same took the victim for taking a pregnancy test and the test came out to be positive. On inquiry, the victim stated that her mother’s paramour that is the accused herein, for two months had been committing rape and atrocious sexual offence on the body of the victim and the said sexual engagement was without the consent of the victim.
The Court after considering the opinion of the panel doctors rejected the application to get the pregnancy terminated as they had suggested that termination of pregnancy would be very risky.
The Court directed that respondent 3 (Medical Superintendent, Civil Hospital, Godhra) shall provide the victim-girl with all possible medical treatments and shall conduct necessary tests which would also include the counselling by psychologist/Psychiatric and shall also provide requisite medicines and nutritious food. Further, at the time of the delivery victim girl shall be referred to Civil Hospital, Godhra, wherein her delivery, treatment and necessary care shall be taken by the Medical Superintendent, Civil Hospital, Godhra.
The Court further mentioned that if victim-girl and her family inform the authorities about their unwillingness to keep the child, then the efforts should be made to make necessary arrangement for the adoption of child by involving the concerned officials for the adoption of child from the Central Adoption Resource Authority (CARA) or any other recognized Institution expenses of which shall be borne by the Department of the Health and Family Welfare, State of Gujarat.
The disposing of the application directed the Department of Health and Welfare, Government of Gujarat to release sum of Rs1,00,000/- (Rupees One Lac only) in the account of the father/mother of the victim-girl for food and medical expenses.[Sangeetaben Arvindbhai Nayak v. State of Gujarat, R/Special Criminal Application No. 2630 of 2021, decided on 08-03-2021]
Suchita Shukla, Editorial Assistant has put this story together.