LI Network
Published on: 7 September 2023 at 11:45 IST
The Gujarat High Court, on Wednesday, granted permission for the termination of the pregnancy of a minor who was sexually assaulted by her own father.
Justice Samir J. Dave presided over the case, where a petition was filed to direct the respondent authority to terminate the pregnancy of the petitioner-victim, who is a minor aged 11 years, 9 months, and 6 days.
In this distressing case, the victim XYZ, is the daughter of Kesharsinh Roopsinh Vasava. She is carrying a viable pregnancy of 26-28 weeks, as confirmed by clinical examination. Tragically, the victim, an 11-year and 9-month-old girl, was raped by her own father and wishes to terminate her pregnancy.
The court noted that the panel of doctors, in their report dated September 5, 2023, determined that the victim girl was 26 weeks and 5 days pregnant as of September 5, 2023.
The report also stated that there were no significant systemic abnormalities detected, and the victim did not display signs of any associated pregnancy complications.
The High Court referenced the case of X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another, in which it was held that “the decision to carry the pregnancy to its full term or terminate it is firmly rooted in the right to bodily autonomy and decisional autonomy of the pregnant woman…
The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity. Deprivation of access to reproductive healthcare or emotional and physical well-being also injures the dignity of women.”
The bench further emphasized that there is no greater affront to a woman’s dignity than violating her in such a manner. In this case, it is deeply distressing and painful that the victim, an 11-year and 9-month-old girl, was subjected to such a heinous crime by her own father.
Without delving into the criminal aspects of the case, the Court deemed it appropriate to order the medical termination of the victim’s pregnancy at the earliest opportunity, considering the medical report and the provisions of the Medical Termination of Pregnancy Act.
Considering the tender age of the victim and the mental and physical anguish she has suffered, the High Court directed the respondent-State to compensate the applicant-victim with an amount of Rs. 2,50,000 within two months.
In light of the above, the bench granted the application.