Jammu & Kashmir High Court Directs Construction of Overhead Bridge or Underpass on Ring Road for Safe Passage of Villagers Minor Injuries No Bar for Framing Charges Under Section 307 IPC if Intent to Kill is Present: Supreme Court Prosecution's Case Full of Glaring Doubts:  Supreme Court Overturns Conviction in Abduction and Murder Case Allegations of Dowry Demand in FIR Found Vague and Driven by Civil Property Dispute: Supreme Court Quashes FIR and Chargesheet in Dowry-Cruelty Case Local Police Failed to Perform its Duties: SC Directs New Investigating Officer in Property Dispute Properties Acquired By Gift During Marriage Remain Separate Property Of Spouse Under French Civil Code; Husband Entitled To Half Share Only In Community Assets: Madras High Court Abuse Of Process: Supreme Court Dismisses Plea Against Closure Of Human Trafficking Complaint, Flags Lack Of Bona Fides Access To Justice Cannot Be Denied When Tribunal Is Not Functioning': Calcutta High Court Holds Writ Maintainable Under Article 226 Amid Stalled Conciliation Proceedings Violation Of Natural Justice Overrides Bar On Maintainability Under Section 18 MSMED Act: Orissa High Court Panic In A Train Does Not Mean Self-Destruction: Punjab & Haryana High Court Grants ₹8 Lakh Compensation For Passenger's Death In Stampede Section 101 JJ Act | Date Of Knowledge Of Order, Not Mere Knowledge Of Disposal, Commences Limitation Period: Delhi High Court Telangana High Court Quashes Order Declaring Inam Land As Govt Property Without Determining Occupancy Rights Proviso To Section 125(3) CrPC Does Not Limit Enforcement Of Monetary Relief Orders Under Section 20 DV Act: Telangana High Court Regularization Of Deviation Within Permissible Plot Envelope Governed By Uniform Fee Schedule, Arbitrary 5X Penalty Unsustainable: J&K&L High Court Man Who Blackmailed Woman With Her Own Nude Photos To Rape Her Repeatedly Can't Escape Conviction Merely Because His Voice Sample Wasn't Taken: Delhi High Court Arbitration Clause In Sale Agreement Cannot Be Invoked If Subject Matter Involves Third-Party Title Disputes: Madhya Pradesh High Court Trial Court Errs In Dismissing Amendment Plea If New Facts Emerge From Written Statement: Punjab & Haryana High Court 'No Compensation For Own Wrong': Gujarat High Court Rules Tortfeasors & Legal Heirs Cannot Claim Motor Accident Damages Under Section 166 MV Act Allahabad High Court Pulls Up Police And Magistrates Over Illegal Remand Of Juvenile Accused Section 13(1)(ia) & (ib) Hindu Marriage Act | Spouse Seeking Divorce On Grounds Of Cruelty And Desertion Must Prove Allegations With Cogent Evidence: Telangana High Court Cannot Let Land Become Banjar: Punjab & Haryana High Court Upholds Appointment Of Receiver Under BNSS Amidst Pending Civil Title Disputes Section 8 Arbitration Act | Executing Court Must Refer Parties To Arbitration If Dispute Falls Within Scope Of Compromise Decree: Madhya Pradesh High Court Suit For Damages Arising Out Of Tortious Injury Barred By Limitation If Not Filed Within One Year: Punjab & Haryana High Court 72-Hour Gap Not Proximate: Calcutta High Court Quashes Murder Conviction, Holds 'Last Seen' Theory Inapplicable When Time Gap Is Wide Original Owner Cannot Create Trust Over Property Already Sold; Separate Relief For Title Declaration Not Required: Madras High Court

Courts Must Consider Mental Agony and Trauma of Rape Victims: Gujarat High Court in Pregnancy Termination Case

07 May 2024 8:19 AM

By: Admin


The Gujarat High Court, in a groundbreaking judgement in the R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 15350 of 2023, has underscored the critical importance of considering the mental agony and trauma experienced by rape victims when deliberating on cases of medical termination of pregnancy. The ruling, made by Honourable Mr. Justice Vimal K. Vyas, marks a significant precedent in the context of women’s reproductive rights and the legal system’s sensitivity to the plight of rape survivors.

In this particular case, a minor victim, about 16 years old, sought legal authorization to terminate her pregnancy resulting from a rape incident. The case was challenging, as the pregnancy had progressed to 27 weeks and 04 days. The Court, in its observation, highlighted, “the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the woman.” This statement is pivotal as it recognizes the profound impact of sexual assault on a victim’s mental well-being.

The Court’s decision was influenced by a comprehensive medical report from the Civil Hospital, Bhavnagar, and guided by precedents set by the Supreme Court in similar contexts. The judgement also referenced the Medical Termination of Pregnancy (MTP) Amendment Act, 2021, which provides guidelines for the termination of pregnancies under special circumstances.

In its landmark ruling, the Court granted permission for the pregnancy’s termination, emphasizing the victim’s autonomy and mental health. It also provided detailed instructions for the procedure, prioritizing the victim’s safety and health. Additionally, the Court directed that in the event the baby is born alive, the State and its agencies are to take full responsibility, aligning with the Juvenile Justice (Care and Protection of Children) Act, 2005.

Date: 22/11/2023

XYZ VS  STATE OF GUJARAT

Latest Legal News