Gujarat High Court: In a writ petition filed by a mentally challenged 15-year-old girl’s father, on her behalf, seeking permission to terminate her pregnancy of 28 weeks, Nirzar S. Desai, J., allowed the petition keeping in view the girl’s (‘petitioner’) mental condition, age and financial conditions, and directed the SMIMER Hospital and Medical College, Surat (‘hospital’) to perform the procedure at the earliest.
The petitioner was from a tribal area, had conceived as a result of rape by the accused. The Court in its order recorded that considering the age and mental condition of the petitioner, a medical examination was required at the earliest to confirm whether it would be safe to terminate the pregnancy and directed that petitioner be examined at the nearest hospital and report be submitted the next day. Notice was issued to the Medical Superintendent of the nearest hospital.
Pursuant to such order, the Professor and Head of Department of the hospital along with two other professors, submitted a report which indicated the mortality risk was at 0.6% and that as per the Medical Termination of Pregnancy Act, 1971 (‘MTP Act’), considering the mental health of the petitioner, medical termination of pregnancy could be done with due risks associated with termination at 28 weeks of pregnancy. The report also stated that considering the petitioner was 15 years old, was mentally challenged and came from the very lower strata of society, there was a possibility that she would carry stigma and face problems in raising the child even in the future.
The Court noted the foetus was already 28 weeks old and the petitioner was running against time, and therefore, directed the hospital to perform the necessary surgery for termination of the pregnancy at the earliest, while ensuring that all safety protocols were followed.
The Court further directed the hospital to consider the charges sympathetically keeping in mind the economic condition of the petitioner and provide as much financial assistance as possible under the various Government schemes that were available.
The Court, therefore, allowed the petition, and directed the hospital to perform the procedure of termination at the earliest.
[ABC v. State of Gujarat, 2024 SCC OnLine Guj 3036, decided on 12-07-2024]
Advocates who appeared in this case :
Advocates for the Petitioner: PV Patadiya, Advocate
Advocates for the State: Maithili Mehta, Assistant Government Pleader