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HomeNationLandmark judgement: 14-year-old rape survivor allowed to abort by Supreme Court

Landmark judgement: 14-year-old rape survivor allowed to abort by Supreme Court

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A 14-year-old rape survivor from Gujarat has been allowed abortion by a medical panel constituted by the Supreme Court.

On July 28, the SC had came to the rescue of the minor rape victim who was denied permission by the High Court to terminate her pregnancy, by ordering that the requisite surgery may be done if the gynaecologists and clinical psychologists permit it.

The minor became pregnant after being allegedly raped by her doctor Jatin Bhai K Mehta when she had visited him after suffering from typhoid in February.

She was denied permission by the Gujarat High Court to abort the foetus.

Initially, the bench of Justices AR Dave and Kurian Joseph had said it would not like to do something which is contrary to law.

As per law, abortion beyond 20 weeks is not allowed. The girl is said to be 25 weeks pregnant.

“Team of 5 doctors has given permission to abort 25-week pregnancy of 14-year-old rape victim in Gujarat,” Civil hospital Medical Superintendent said.

The bench, after hearing Kamini Jaiswal, appearing for the minor victim, said it would direct the authorities at the Civil Hospital at Ahmedabad to get the girl examined by two senior-most gynaecologists and a clinical psychologist.

“If they (experts) say that she has to be operated upon then let them do it with the consent of the girl and her parents,” it had said.

If there is a “serious threat” to her life in case the foetus is not aborted, then the surgeons and the clinical experts can together take a decision on termination of her pregnancy, the bench had added.

While issuing notice on the plea, it had also said that in case of abortion, a DNA test should be done on the foetus which could help in the criminal trial of rape.

Earlier, the appeal was filed by the parents of the minor girl against the order of the Gujarat High Court which, besides expressing sympathy, refused to grant her permission to abort the child conceived by her due to ghastly act of rape committed on her.

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