Gujarat HC Allows 15-YO Mentally Challenged Girl to Terminate Pregnancy

The Gujarat High Court has permitted a mentally challenged girl to terminate her 28-week pregnancy.

In a writ petition filed by the father of the 15-year-old girl, seeking permission to terminate her 28-week pregnancy, Justice Nirzar S. Desai granted the petition, considering the girl’s mental condition, age, and financial circumstances.

The court directed the SMIMER Hospital and Medical College, Surat, to perform the procedure promptly.

The petitioner, hailing from a tribal area, had conceived due to rape. The court noted that, given the petitioner’s age and mental condition, a medical examination was necessary to confirm the safety of terminating the pregnancy. The court directed that the petitioner be examined at the nearest hospital, with a report to be submitted the following day. A notice was issued to the Medical Superintendent of the nearest hospital.

Following this order, the Professor and Head of the Department of the hospital, along with two other professors, submitted a report. The report indicated a 0.6% mortality risk and stated that, under the Medical Termination of Pregnancy Act, 1971 (MTP Act), medical termination of pregnancy could be performed given the petitioner’s mental health, despite the associated risks of terminating a 28-week pregnancy. The report also noted that due to the petitioner’s age, mental challenges, and socio-economic background, she would likely face stigma and difficulties in raising the child.

The court observed that the foetus was already 28 weeks old and time was critical. Therefore, the court directed the hospital to perform the necessary surgery for termination of the pregnancy at the earliest, ensuring all safety protocols were followed.

Additionally, the court instructed the hospital to consider the petitioner’s economic condition sympathetically and to provide as much financial assistance as possible under available government schemes.

Consequently, the court allowed the petition and directed the hospital to carry out the termination procedure at the earliest.