Gujarat High Court: In a special criminal application, wherein the father of minor rape survivor was seeking termination of 7-months old pregnancy of his minor daughter, the Single Judge Bench of Samir J. Dave, J., directed the Medical Superintendent, Civil Hospital, Rajkot to conduct medical examination of the rape survivor and give their medical opinion on whether it is advisable to perform the procedure of medical termination of pregnancy.
In the matter at hand, the petitioner was seeking issuance of an appropriate writ, order or direction for termination of pregnancy of the minor victim girl. The petitioner father was seeking abortion on the grounds that under certain provisions of the Constitution of India all women are entitled to safe and legal abortion. It was submitted that if the pregnancy is resulting from the rape, liberty is granted to the victim person for termination of pregnancy. The minor daughter being the victim of rape and is suffering from hardhips in her life as well as the social stigma is causing mental hurt to the entire family.
Considering the facts and circumstances of the case, the Court directed the Medical Superintendent, Civil Hospital, Rajkot to conduct medical examination of the rape survivor through the Panel of Doctors of the Civil Hospital on urgent basis. Further, the Court also directed the Panel of Doctors to carry out the Ossification Test and also get the survivor examined by the Psychiatrist of the Civil Hospital to ascertain her mental condition.
The Court sought the medical opinion of the Panel of Doctors to ascertain whether it is advisable to perform the procedure of medical termination of pregnancy over the minor rape survivor herein and to ascertain the medical condition of the foetus.
The Court directed that the medical reports be submitted on the next date of the hearing i.e., 15-06-2023.
[XXX v. State of Gujarat, 2023 SCC OnLine Guj 1635, Order Dated: 07-06-2023]
With Inputs from the Press.
Advocates who appeared in this case :
For the Applicant: Advocate Sikander Saiyed
For the Respondents: Assistant Public Prosecutor JK Shah