Termination of Pregnancy Beyond Statutory Limit of 24 Weeks Not Permissible, Even in Cases of Rape: Gujarat High Court
The High Court of Gujarat at Ahmedabad, in a detailed judgment, ruled against the termination of pregnancy in a case involving a 16-year-old rape victim, citing that the pregnancy had exceeded the statutory limit of 24 weeks, absence of fetal abnormalities, and no immediate threat to the life of the petitioner. The Court balanced the rights of the unborn child against the traumatic circumstances of the petitioner.
Facts and Issues of the Judgment:
The petitioner, a minor rape victim, sought judicial direction for the termination of her pregnancy, which was at 26 weeks and 4 days of gestation. The petition was filed under the provisions of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, with the victim having been raped by her uncle and neighbors. The application also requested DNA identification of the fetus tissues for ensuring justice.
Court Assessment:
On Termination of Pregnancy: The court, while empathizing with the victim’s situation, noted that the pregnancy had crossed the statutory limit of 24 weeks as per the Medical Termination of Pregnancy Act. The Medical Board’s report indicated no substantial fetal abnormalities and no immediate threat to the life of the petitioner, leading the court to decide against the termination of pregnancy.
Regarding the Rights of the Unborn Child: Justice Hasmukh D. Suthar observed, “The unborn child has a right of protection from unlawful killing. Permitting termination of such a live fetus would equate to foeticide.”
Reference to Supreme Court Decision: The judgment cited the Supreme Court’s decision in X vs. Union of India & Another (2023 INSC 919), reinforcing the guidelines for termination of pregnancy.
Judicial Decision: The court, adhering to legal provisions and considering the medical report, denied the petition for termination of pregnancy. However, the court issued comprehensive directions for the victim’s medical assistance.
Date of Decision: 07/03/2024
ABC VS STATE OF GUJARAT & ORS.
