"She Might Face Lot Many Problems In Raising The Child": Gujarat HC Directs Termination Of 28 Weeks Pregnancy Of A Mentally Challenged Minor Rape Victim

Advocate Sangita Chauhan appeared for the Petitioner and Assistant Government Pleader Maithili Mehta appeared for the Respondent.

Brief Facts-

In the present case, the petitioner is a mentally challenged girl aged 15 years and 9 months and she was voyeured by the accused person and out of that relation, she has conceived and is pregnant by 26 weeks and 5 days (almost 27 weeks). Considering her mental condition as well as considering her age of 15 years and 9 months, the petition is preferred seeking permission to terminate the pregnancy.

In an earlier order, the Court sought expert opinion on the feasibility and safety of the process of termination of pregnancy to which the report was submitted by the experts suggesting that the continuation of pregnancy may be harmful physically as well as psychologically for the girl who is less than 18 years old.

The Court considered the social strata to which the girl belonged and her mental status and said that there is all probability that the girl would not even carry stigma but would face many problems in raising the child even in future.

Considering the financial condition of the victim girl and her parents, the Court directed the hospital to consider the case of the petitioner as far as the charges are concerned sympathetically and try to provide as much financial assistance under various Government beneficial schemes which the petitioner is entitled to.

Accordingly, the Court allowed the Petition.