In the case of Bhavna through Urmilaben w/o Babubhai Vasava v. State of Gujarat & others, the petitioner requested the court to permit her daughter to get her pregnancy terminated. The victim is a 13-year old residing with her family members. In the first week of January 2021, the minor daughter was taken to the hospital for medical check-up. The Medical Officer carried out the sonography and found that the victim is six-months pregnant.
The court asked the petitioner to get an opinion from a cardiologist/paediatrician. The Investigating Officer was also directed to take care of the victim and to manage the accommodation of the girl and provide necessary services through government owned facilities.
The medical examination of the minor victim was held in Vadodara, Gujarat. The Medical Superintendent made an observation that-
i. The minor was 26-28 weeks pregnant,
ii. Period of gestation is 26 weeks and 4 days (809 gms.),
iii. No pregnancy complications,
iv. Victim extremely stressed due to unwanted event and pregnancy,
v. At this gestational age, risk of termination of pregnancy is higher than delivery at term
It was submitted that the Mother of the victim feels continuation of pregnancy will be stressful and embarrassing for her and her family, thereby desire to terminate the pregnancy.
As per The Medical Termination of Pregnancy (Amendment) Bill, 2020, pregnancy upto 24 weeks can be terminated in vulnerable women. If the baby is terminated at this stage it is likely to be live and viable however there could be greater risk of complications which may require intensive care support. It may also result in significant and serious permanent neuro-development sequels.
Considering the report submitted by concerned doctors, the Court held that the girl would be permitted to stay at a Centre wherein the Medical Superintendent or concerned Authority shall provide the victim-girl all possible medical treatment and shall conduct necessary tests which would also include counselling by psychologist/psychiatrist, nutritious food and medicines.
During delivery, the girl will be referred to the hospital at Vadodara as per the victim’s desire. At the hospital there shall be a reserved special room for the victim and the family members. The family shall also be given Rs. 1,00,000 for food and medical expenses.
The court directed that of the family and the girl are unwilling to keep the child, then the efforts should be made to make arrangements for the adoption of child by involving Central Adoption Resource Authority. Expenses for the same to borne by the Department of the Health and Family Welfare, State of Gujarat.
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