HC permits rape victim with learning disability to end pregnancy

Ahmedabad: The Gujarat high court on Monday permitted a 32-year-old rape survivor with learning disability from Surat, to get her over 27-week pregnancy terminated. It also directed the authorities at the Surat govt hospital to carry out the procedure in accordance with the provisions of the Medical Termination of Pregnancy Act.Since the woman has learning disability, her pregnancy was found out by her family when she complained about stomach pain. An FIR was filed with Athwalines police station on Jan 31 against the accused persons for raping her. Her mother approached the HC through advocate Aditya Pancholi, seeking permission for termination of her daughter's pregnancy. He submitted that abortion was in the best interest of the woman, considering her physical health, and the incident of rape causing grave injury to her mental health.
The court sought the medical opinion of a team of doctors from the Surat hospital, who tendered a report on Feb 4 stating that the pregnancy was over 25 weeks then. The psychiatrist opined that the victim's provisional diagnosis was schizophrenia and her current IDEAS scale score was 13, suggestive of moderate disability (approximately 70%). She may not be able to take care of the baby and herself at present. The HC was also informed about the risk of termination at such an advanced stage.After the hearing, the HC permitted the victim to get the pregnancy terminated and directed the hospital authorities to do it after constituting a medical team, which obtained her consent before undertaking the procedure. Since the case involved criminal proceedings under Pocso Act, the HC directed, "The doctors shall take the necessary tissue samples for DNA identification by following scientific practice for DNA identification, and such samples shall be handed over to the investigating officer concerned."The HC also issued necessary directions in case the baby was live at birth and the victim was not desirous of keeping the child with her.