Minor Girl Can Undergo Abortion with Doctors' Nod: Supreme Court

NEW DELHI: The Supreme Court on Tuesday came to the rescue of a minor rape victim, who was earlier denied permission by the High Court to terminate her pregnancy, saying that the requisite surgery may be performed if the gynaecologists and clinical psychologists permit the same.

During the hearing, the Bench of Justice A R Dave and Justice 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 seniormost gynaecologists and a clinical psychologist.

“If they (experts) say that she can be operated upon, then let them do it with the consent of the girl and her parents. 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, the Bench said that in case of abortion, a DNA test should be done on the foetus which could help in the criminal trial of rape.

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.

The minor girl became pregnant after being allegedly raped by her doctor Jatin Bhai K Mehta, who was treating her for typhoid. The incident happened around four months ago, when she was suffering from typhoid and her mother took her to a doctor in Himmatnagar.It is alleged that the doctor told her parents to wait outside and gave some sedative to the girl, following which he raped her. The incident came to light two months later when her pregnancy was detected.

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