Gujarat HC denies termination of 27-week pregnancy of 14-year-old victim due to potential complications

Gujarat High Court has denied a plea for medical termination of pregnancy filed by a 14-year-old girl, a victim of sexual assault under the POCSO Act, who was 27 weeks pregnant.

The decision followed a medical report from an expert panel, led by the head of the Gynaecology department, which highlighted potential foetal and maternal complications and advised against termination.

In its order, the court directed the Incharge Medical Officer and Medical Superintendent of the Department of Obstetrics and Gynaecology at GMERS Medical College, Godhra, to ensure regular follow-up care for the minor victim's health until delivery. It also mandated special neonatal care for the newborn, including any required treatment for optimal growth and health.

The court further ruled that, after consulting the minor victim's wishes and assessing the newborn's physical condition, custody of the child should be transferred to the Specialised Adoption Agency in Panchmahal, under the supervision of the Child Welfare Committee.

To support the victim and child, the state government has been ordered to cover all medical expenses related to delivery, treatment, nutrition for both the victim and newborn, and postpartum care for six months. Additionally, the District Legal Services Authority (DLSA) was instructed to expedite interim compensation to the minor victim under the relevant victim compensation scheme, following due process.

Addressing the minor's living arrangements, the court stated that if she expresses a desire not to reside with her family, the investigating officer should arrange for her transfer to Nari Sarankshan Gruh in Panchmahal. The facility is directed to provide care, including educational or vocational training as per her wishes, to support her future.

The petitioner, the 14-year-old victim, had sought termination citing her inability to continue the pregnancy resulting from the offence.