High Court Allows Termination Of 33-Week Pregnancy Of 13-Year-Old Rape Survivor

The Gujarat High Court on Monday allowed the termination of 33-week pregnancy of a 13-year-old rape survivor, nearly a week after a special POCSO court rejected her plea for the same.

Justice Nirzar Desai noted that the medical opinion indicated that termination of pregnancy is possible though the procedure carries high risk of complication as the girl suffers from anemia.

The survivor, who hailed from Rajkot, was allegedly repeatedly raped by her neighbour when her mother and step-father were away at work.

A First Information Report was registered on May 3, 2025.

But the special court for the Protection of Children from Sexual Offences Act (POCSO) cases rejected her plea for permission to terminate the unwanted pregnancy.

Under the Medical Termination of Pregnancy Act, abortion after 20 weeks of gestation period is generally prohibited, but a court can allow it in certain cases such as the foetus suffering from abnormality, health risk to the expecting mother, or she being a survivor of sexual assault.

The high court noted that it considered the fact that the survivor is only 13 years old and has a long life before her.

As MTP (medical termination of pregnancy) is possible, it should be carried out after obtaining written consent from her parents stating that they understand the risk, the court said.

The court directed the in-charge Medical Officer and Medical Superintendent, PDU General Hospital, Rajkot, to perform the procedure while ensuring that all possible care is taken and arrangements are made for necessary medical facilities such as blood supply, possibly on Monday itself.

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