Gujarat High Court Grants Abortion Permission To 26 Week Fetus Of 14 Years Old Girl

Valsad: The Gujarat High Court has granted permission for a 14-year-old girl from Valsad to terminate her 26-week pregnancy, which resulted from an alleged rape by her neighbor. The court made the exception after considering the girl’s age, mental condition, and overall well-being, despite the legal limit for abortion being 24 weeks under the Medical Termination of Pregnancy (Amendment) Act, 2021.

The minor approached the court through her advocate, Poonam M. Mehta, who informed the bench that the survivor was unaware of her pregnancy until it had reached an advanced stage. The petition stated that the pregnancy was the result of sexual assault and that the girl did not wish to carry it to term.

Justice J.C. Doshi directed a medical board to examine the girl and provide a report. The board, comprising senior gynecologists and a psychologist from Valsad Civil Hospital, concluded that the girl was medically and mentally fit to undergo the abortion. The report also stated that continuing the pregnancy could pose serious physical and psychological risks to the minor.

Based on the board’s findings, the court allowed the termination of pregnancy and instructed that the procedure be carried out under the supervision of expert doctors. It also directed the hospital to ensure the girl’s safety and care before and after the procedure.

The High Court took into account the girl’s social and economic background and noted that she comes from a backward area and lacked awareness about pregnancy and its implications. The court emphasized that the decision was taken to protect the girl’s physical and mental health.