Gujarat HC Allows To Terminate 27-Week Pregnancy Of Minor Raped By Her Father

The Gujarat High Court on Wednesday allowed the plea to terminate the nearly 27-week pregnancy of a 12-year-old girl, who was allegedly raped by her father.

Justice Samir Dave took into account the report submitted by the medical superintendent of Vadodara-based Sir Sayajirao Gaekwad Hospital who on September 4 directed a medical examination of the victim by a panel of doctors.

"The petition is allowed. Respondent number 3 is directed to terminate the pregnancy of the victim girl within a period of one week from today," the order said, noting the report has stated that the foetus was nearly 27 weeks old.

The HC also directed the state government to pay compensation of Rs 2.5 lakh to the victim, out of which Rs 50,000 was to be paid immediately, and another Rs 2 lakh to be deposited in her name and interest accrued on fixed deposit paid to her until she turns 21. 

The deposit amount should be paid to the victim when she turns 21, the high court said.It also said that upon completion of the trial, the compensation to be paid to the victim should be considered by the trial court under section 357 of CrPC independently.  The high court also directed the hospital to take care to preserve the DNA of the foetus as requested by the petitioner. The concerned police station at Dediapada was also directed to take the victim for medical termination of pregnancy at the Vadodara hospital.
    

The girl's mother had approached the HC for permission to terminate her daughter's pregnancy, two days after the victim's father was arrested by Dediapada police in Narmada district for allegedly raping and impregnating her. The petitioner's lawyer had sought an urgent hearing in the matter, saying the mother of the victim lodged an FIR on September 2.