Gujarat HC allows 15-yr-old rape victim to terminate pregnancy

The court also directed that since the victim is a minor whose pregnancy was a result of penetrative sexual assault, as defined under the POCSO Act, 2012, necessary tissue samples for DNA profiling be handed over to the investigating officer.

The Gujarat High Court on Saturday permitted the termination of pregnancy for a 15-year-old victim of rape who was carrying a 24-week-and-six-day-old foetus.

The court of Justice Gita Gopi directed that the abortion be carried out and also directed that since the victim is a minor whose pregnancy was a result of penetrative sexual assault, as defined under the Protection of Children from Sexual Offences Act, 2012, necessary tissue samples for DNA identification or DNA profiling “and such samples, as per the requisite procedure, be handed over to the investigating officer”. The court further stated that the DNA report should be part of the investigation and chargesheet papers.

As per existing law, abortion of a foetus is permissible up to 12 weeks.

The petitioner — the victim’s mother —has been granted liberty to seek compensation under the Victim Compensation Scheme from District Legal Services Authority at Surat.

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