HC goes by medical panel’s advice, refuses MTP for minor rape survivor | India News

AHMEDABAD: The Gujarat high court on Monday turned down a minor rape survivor’s plea to abort since the pregnancy was in an advanced stage and the procedure may lead to medical complications arising out of prematurity in the newborn.
Justice Samir Dave relied on the advice given by the medical board after examination of the girl on June 8, which said that the pregnancy had reached 29 weeks and five days and since abnormality was detected, the termination of pregnancy was not advisable.
The HC directed the secretary of the women and child welfare department and the additional chief secretary of the social justice and empowerment department to take necessary steps to extend all facilities available in government policies to the survivor.
They have been ordered to make arrangements for the girl’s stay at the Nari Sanrakshan Gruh in Rajkot whenever she expresses her desire to shift. According to the survivor’s advocate Sikander Saiyed, the HC has also directed the state government to pay compensation to the girl at the earliest in accordance with the prevailing government policies if she is entitled to the same.
The court did not dispose of the case and has asked for the progress report from the authorities from time to time.
While seeking medical opinion, the judge had made remarks about teenage motherhood as normal in the past and recommended the survivor’s lawyer to read Manusmriti.
A week later, when the judge tried to explore the possibility of a compromise between the survivor and the accused, a government lawyer cautioned him about the likelihood of being misquoted. To this, the judge quoted the Bhagavad Gita and said a judge should be ‘sthitapragna’ (a Sanskrit term that means contented, calm and firm in judgment and wisdom).

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