http://www.hindustantimes.com/Gujarat-HC-allows-rape-victim-to-abort-foetus/Article1-660511.aspx
HC allows rape victim to abort foetus
HT Correspondent, Hindustan Times
Ahmedabad, February 09, 2011
First Published: 23:02 IST(9/2/2011)
In a rare legal intervention, the Gujarat high court has allowed a
rape victim to terminate her pregnancy. The 18-year-old Dalit girl had
approached the court last month seeking permission to end her 16-week
pregnancy. The girl, from Deodar taluka in Banaskantha, was abducted
from her village on
September 28 last year. Amratji Agraji Thakore allegedly held her
captive for more than two months and raped her repeatedly.
She was rescued in December. A medical examination revealed that she
was pregnant. The accused remains at large.
"Keeping in mind the best interests of the girl and her parents, and
likely consequences and innumerable mental, physical, social and
economical problems in future if pregnancy is not allowed to be
terminated and resulted into birth of a child, this court has come to
the conclusion that the case falls within the parameters of Sections 3
and 4 of the Medical Termination of Pregnancy (MTP) Act," justice
Anant S Dave said in his order.
"There is no bar for termination of pregnancy in case of a rape
victim," the judge observed.
He also directed health authorities of the Ahmedabad civil hospital to
set up a panel of doctors to conduct the abortion.
However, if the panel believes that termination of pregnancy would
affect the life and safety of the victim, it may reconsider the
decision, the court added.
Under the MTP Act, an advanced staged pregnancy cannot be terminated
if doctors believe the woman's physical or mental health is in danger.
The high court also ordered that after the abortion, the foetus should
be preserved for DNA testing, as it could be a useful evidence for the
investigation of the rape case.
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