Jan 27, 2026

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Hc allows abortion of 20-week-old foetus of rape victim


Doctors at the General Hospital had reported that the victim was 20 weeks pregnant though her physical and mental condition was strong. 

Bhuj: The Gujarat High Court has ordered the abortion of a 20-week-old foetus of a 17-year-old rape victim of Anjar.

Justice Sameer Dave of the High Court made it clear that the order for abortion may vary depending on the facts and circumstances of each case. Justice Dave noted in the order that in view of the facts and circumstances of the present case as well as the provisions of the Medical Termination Act, it appears appropriate and justified to allow abortion of the minor daughter of the petitioner. Advocate Dakshesh Mehta and advocate Rushang D Mehta filed a petition in the high court on behalf of the victim's father in this case. It demanded that the victim was a minor and had been subjected to a heinous crime like rape. In addition, the victim, who is also a widow from birth, had become pregnant because she had been raped and she was so helpless that she did not even realize that she could not even do her daily chores independently. Therefore, keeping in view the crime committed with it, the health of the victim and her minor age, the abortion should be ordered.

Following the writ petition, the high court had directed the gynaecology department of Bhuj's General Hospital and other doctors to examine the mental and physical condition of the victim and submit a report. As part of which, the doctors of the hospital reported that the victim is 20 weeks pregnant, although the physical and mental condition of the victim is strong.

It is possible to abort the victim on time to avoid any kind of complication. The high court, while passing the order on the basis of the report, noted that the victim is 20 weeks pregnant and is of a minor age. On the other hand, in view of the order of the High Court in such a case, it seems appropriate to entertain this petition.


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