In an extraordinary turn of events, the Gujarat High Court took up the hearing of a case regarding the approval of an abortion of a rape survivor on an urgent basis on a holiday on Saturday (Mar 23).

Justice Hasmukh Suthar also ordered the report on the victim's physical examination from the specialist doctors of Sola Civil Hospital on an urgent basis in just half an hour, allowing the abortion of the 23 weeks and 5 days old foetus before the victim had only 48 hours to complete 24 weeks of pregnancy.

According to the amendment to the Medical Termination of Pregnancy Act, abortion can be allowed only up to 24 weeks of pregnancy.

Considering the urgency and seriousness of the case, the High Court also uploaded the order immediately so that the parties could get a copy of the order. The case, with a hearing on a Saturday, exhibited the special powers of high courts under Article 226 of the Constitution.

In the writ petition filed by the rape victim and her father, advocate Poonam Mehta brought the case to the attention of the High Court and said that since the fact that the victim is 23 weeks and 5 days pregnant in this case and the victim is currently here in Ahmedabad, there is sufficient reason for the cause of action.

The High Court immediately called for a report within half an hour on the physical fitness and mental health of the victim, including the medical superintendent of Sola Civil Hospital, a senior female gynaecologist, and psychologist, and a report on whether the foetus can be aborted.

Specialist doctors of Sola Civil Hospital immediately examined the victim and submitted their report to the High Court within half an hour.

Additional public prosecutor Ronak Rawal drew the attention of the High Court that the victim’s haemoglobin was low in the examination but the hospital authorities are capable of performing an abortion if the victim and her guardian consent.

The survivor resides with her grandfather at Bori village in Banswara, Rajasthan, but she had come to live with her parents for a while in Ahmedabad.

Her parents, working as labourers in Ahmedabad, got to know about the pregnancy and rape when the survivor went through some health issues.

The father filed a complaint with the Sola Police. However, since the crime took place in Rajasthan, the police transferred the complaint to Rajasthan Police.

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Gujarat HC allows 12-yr-old rape survivor to abort, grants compensation