Gujarat High Court
permits a 15-year-old rape victim to terminate her pregnancy on Saturday. The
victim was carrying a foetus almost 25 weeks old, a result of the rape that she
suffered.
Justice Gita Gopi
directed that the abortion be carried out and that necessary tissue samples for
DNA profiled be taken as the minor's pregnancy was a result of penetrative
sexual assault as defined under the Protection of Children from Sexual Offences
(POCSO) Act 2012. The court directed that the samples be taken as per the
requisite procedure and handed over to the investigating officer who was
investigating the rape charges.
Justice Gopi also stated
that the DNA report should be part of the investigations and the charge sheet.
The victim's mother
petitioned the court for permission to abort the foetus as the law permits
abortion of a foetus of up to 12 weeks. The petitioner was also granted liberty
to seek compensation under the Victim Compensation Scheme from the District
Legal Services Authority at Surat.
It must be noted that Gujarat has announced a Victim Compensation Scheme in 2019 which allocates compensation for victims of rape, gang rape, acid attack, etc.