Gujarat High Court Orders Care for Minor Rape Victim Who Gave Birth After 35 Weeks

Ahmedabad | Gujarat — A petition was filed in the Gujarat High Court by the father of a 15-year-old rape victim from Ahmedabad, seeking permission for his daughter to undergo an abortion for her 35-week-old fetus.  Before the report reached the court, the victim gave birth to a baby girl on the afternoon of October 28.

The father of the victim had lodged a complaint against the accused at the Mandal police station.  The Gujarat High Court responded to a petition from the victim’s father, directing the Sola Civil Hospital in Ahmedabad to carry out a medical examination of the minor.  

A minor who was a victim of rape has given birth to a baby girl weighing 2.2 kilograms.

The High Court has mandated that Sola Civil Hospital perform a mental and physical examination of the minor, which took place on October 28, and a report has been submitted.  A report indicated that a sonography was performed on the minor.  The fetus was at 35 weeks and 3 days of development.  The victim girl was admitted to the hospital on October 25.  A baby girl weighing 2.2 kg was born on the afternoon of October 28 following the onset of labor.  The medical report indicates that both the baby and her mother are in good health.

The baby’s custody ought to be transferred to the adoption agency.

The High Court has issued a directive for the proper care of the baby.  Regular health check-ups for both the minor and the baby are essential.  In cases where it’s deemed appropriate, the care of the infant ought to be transferred to the adoption agency, taking into account the preferences of the young child.  The Child Welfare Committee is set to oversee the situation.  If the minor expresses a desire not to reside with her family, it would be appropriate for her to be placed in the Women’s Shelter located in Ahmedabad city.  Plans need to be established for her educational and vocational development.

The state government ought to cover the costs for a duration of up to 6 months.

The state government ought to cover the costs associated with the delivery of the minor and the subsequent six months.  The Ahmedabad District Legal Service Authority is urged to take action regarding the interim compensation for the minor.  The Secretary of the District Legal Service Authority is set to oversee this matter.  The High Court has concluded its proceedings regarding this petition.

What occurs if the family decides against keeping the child?

In accordance with legal provisions, a mother has the option to retain custody of her child for a period of four months following birth if the family expresses a lack of desire to care for the child.  Until that time, a choice regarding the child’s future must be determined.  Subsequently, the child must be entrusted to the authorities.

The Central Government has launched a dynamic portal for the Central Adoption Resource Authority.  To begin the journey of adopting a child, prospective parents must complete an application and submit the necessary documents online.  Officials from the government are dispatched to the district where the application originated for verification purposes.  The documents have undergone physical verification and have been re-uploaded to the portal.

Following that, once the number aligns with the roster of individuals seeking to adopt the child, the adoption process is initiated.  Typically, adoption is organized based on classifications such as boy, girl, siblings, two brothers, and two sisters.  A notification is dispatched to the guardians based on the classification.  The child’s medical fitness test can be conducted by the adoptive parents.  The child has been placed with a new family following the recent meeting of the adoption committee.  The likelihood of adoption for children in the sibling category is on the rise.

 If the government takes custody of a child, the child will not be returned after the 61st day. 

The Juvenile Justice Act includes a provision that allows for the adoption of a child who is up to 18 years old.

The Medical Termination of Pregnancy Act is a legislative framework that governs the conditions under which pregnancy can be legally terminated. It outlines the procedures, eligibility criteria, and the rights of individuals seeking to end a pregnancy.

According to the Medical Termination of Pregnancy (MTP) Act, women have the right to terminate a fetus up to 20 weeks based on a doctor’s recommendation.  In specific circumstances, women were permitted to undergo abortion procedures up to the first 20 weeks based on the recommendations of two medical professionals, a limit that has since been extended to 24 weeks.  According to the recent legislation, if the fetus exceeds 24 weeks, abortion may proceed with the approval of the medical board.