Gujarat HC Allows 12-Y/O Girl Allegedly Raped By Father To Terminate 27-Week Pregnancy

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

Justice Samir Dave took into account for the report being 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 which 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 high court stated that the deposit amount should be paid to the victim when she turns 21.

It also stated that upon completion of the trial, the compensation is to be paid to the victim and should be considered by the trial court under section 357 of CrPC. The high court also directed the hospital to take care for preserving the DNA of the foetus as requested by the petitioner.

Dediapada police station was also directed to take the victim for medical termination of pregnancy at the Vadodara hospital.

The girl’s mother approached the HC for the permission to terminate her daughter’s pregnancy, 2 days after the victim’s father was arrested by Dediapada police in Narmada district for allegedly raping and impregnating her.

The petitioner’s lawyer sought an urgent hearing in the matter, stating that victim’s mother lodged an FIR on September 2.