In a significant ruling, the Gujarat High Court on Monday permitted the termination of a 33-week pregnancy of a 13-year-old rape survivor from Rajkot, overturning an earlier order of the special POCSO court that had denied the plea.
Justice Nirzar Desai, while delivering the verdict, observed that the medical assessment confirmed the possibility of terminating the pregnancy, although it carries a high risk of complications due to the girl’s anaemic condition.
The minor was reportedly subjected to repeated sexual assault by her neighbour while her mother and stepfather were away at work. An FIR was lodged on May 3, 2025, following the revelation of the assaults.
Despite the severe trauma and health risks involved, the special court under the Protection of Children from Sexual Offences (POCSO) Act had rejected her application for medical termination of pregnancy. However, under the provisions of the Medical Termination of Pregnancy Act, termination beyond 20 weeks can be permitted by courts in exceptional cases, including pregnancies resulting from sexual assault or when there is a risk to the mother’s health.
The High Court emphasized the girl’s young age and the long life ahead of her, ruling that the termination should be allowed under proper medical supervision. The court instructed that the procedure be undertaken only after obtaining written consent from the victim’s parents, acknowledging the associated medical risks.
