SC comes to rescue of minor rape victim trying to abort foetus

Jul 29, 2015, 08:22 IST | PTI

New Delhi: The Supreme Court today came to the rescue of a minor rape victim who was denied permission by the High Court to terminate her pregnancy, by ordering that the requisite surgery may be done if the gynaecologists and clinical psychologists permit it.

The minor became pregnant after being allegedly raped by her doctor Jatin Bhai K Mehta when she had visited him after suffering from typhoid in February. She was denied permission by the Gujarat High Court to abort the foetus.

Initially, the bench of Justices A R Dave and Kurian Joseph said it would not like to do something which is contrary to law.

The bench, after hearing Kamini Jaiswal, appearing for the minor victim, said it would direct the authorities at the Civil Hospital at Ahmedabad to get the girl examined by two senior-most gynaecologists and a clinical psychologist.

"If they (experts) say that she has to be operated upon then let them do it with the consent of the girl and her parents," it said.

If there is a "serious threat" to her life in case the foetus is not aborted, then the surgeons and the clinical experts can together take a decision on termination of her pregnancy, the bench said.

While issuing notice on the plea, it said that in case of abortion, a DNA test should be done on the foetus which could help in the criminal trial of rape, it said.

Earlier, the appeal was filed by the parents of the minor girl against the order of the Gujarat High Court which, besides expressing sympathy, refused to grant her permission to abort the child conceived by her due to ghastly act of rape committed on her.

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