Gujarat HC refuses teenage rape victim's plea for abortion due to advanced stage of pregnancy

The Gujarat High Court Thursday refused to grant permission to a 15-year-old differently-abled rape victim to terminate almost 30 weeks of pregnancy citing high risk. The court, meanwhile, directed the local administration to take care of the homeless victim and her mother for their daily needs including accommodation, food and medical requirements.

The victim and her mother were rescued from a bus stand in Banaskantha district's town where they were living on their own. According to advocate Sudhanshu Jha, some local social workers found the destitute mother and daughter and noticed that the daughter was pregnant.

Jha said that inquiries revealed that the girl had been raped by unidentified person while she was working for a contractor as labourer. The mother has told the cops that she, her 15-year-old daughter and other relatives used to work near a petrol pump in Dhanera in Banaskantha where her daughter was raped at different occasions. Deesa police has registered an FIR for rape and other charges under Protection of Children from Sexual Offences.

The advocate said he approached the high court to terminate the pregnancy since the differently able girl is a minor who couldn't fathom changes in her body due to pregnancy. He said that her mother is also not capable of taking care of her. The high court had directed Banas Medical College for an expert opinion, which responded that termination was not possible because of the advanced stage of pregnancy.

The court has directed the local authority to take care of every need of the victim and her family including her food, stay and treatment. The court has directed that once the baby is delivered, "bearing in mind a very young age and mental status of the victim, it shall be given to a reputed orphanage home".

The court has also ordered compensation to the victim "considering the extremely poor economic condition of the victim and her family as well as bearing in mind the social and mental status of the victim of being a differently-abled child".