Gujarat High Court has recently allowed the termination of a pregnancy that was 19 weeks old,
saying that the minor rape survivor cannot be compelled to continue the pregnancy if she is
unwilling to do so. It was a historic and significant judgment where the Gujarat High Court
allowed the medical termination of pregnancy of a rape victim who was a minor. A single bench
of Justice Samr J Dave had ordered the termination of the pregnancy which was 19 weeks old,
and the victim cannot be forced to continue with the pregnancy if she does not want to do so.
The remarks came right after the court reviewed the girl’s medical report, which was prepared
by a panel of doctors of GEMRS Medical College and General Hospital at Vadnagar.
As per the report, the court had asked the council for the applicant to ascertain if the victim’s
family was willing to go for the abortion despite the health risks involved. The Medical Council
also informed the bench that the family wanted to proceed with the pregnancy termination.
The court then asked the doctors to proceed with the minor girl’s medical termination as soon
as possible and instructed the police to take all the necessary steps to accelerate the process.
As stated by the judgment, the court has also directed the authorities to preserve the
subsequent DNA report by drawing tissues from the fetus to use as essential evidence in the
trial.
What is the interconnection between productive autonomy and bodily autonomy, as
observed by the court?
The court cited many cases and judgments to back the order and noted that the right to
reproductive autonomy is intimately linked with the right to bodily autonomy.
During pregnancy, a woman has to experience body swelling, contractions, morning sickness,
and restricted mobility, among the few side effects. Along with this, many other complications
might come. This will pose a risk to the life of the pregnant woman. Bodily autonomy becomes
essential here because it is the right of the woman to make decisions regarding her own body.
Just a mere design of the adverse effects of pregnancy cannot do justice to the part of forcing
women to continue with the unwanted pregnancy. As such, the decision to carry the pregnancy
is firmly grounded in the right to bodily autonomy of the pregnant person.
The court further observed that the right of autonomy contains the power of every woman to
make decisions regarding their productivity, including the decision to terminate the pregnancy.
My opinion
The abortion law in India cannot meet the needs of women who need it most. By not allowing
women to have free access to safe abortion, you are leaving women to have only two choices:
either they have to commit suicide, or they will undergo emotional and psychological
consequences of pregnancy that they are not mentally prepared for. Women do not have
access to safe abortions because doctors and women lack awareness of the clarity of the act,
which is completely outdated.
#gujarathighcourt #rapevictim #justiceforrapevictim #righttoabortion #rapeculture #rapes #rapevictim #rapeawareness
