Ahmedabad:
At 13, she has fought in three different courts for the right to abort a pregnancy. She is the daughter of a farm-hand, she was raped, and she has been pleading, "I want an abortion. I don't need compensation. My future will be ruined."
On Monday, the Gujarat High Court agreed that since she is the victim of a criminal act, she should be allowed an abortion. The court has asked the superintendent of a civil hospital to supervise the medical arrangements. A medical team has to ensure that the teen is given enough nourishment till she recovers completely. The court has also asked for a DNA test to be conducted on the fetus.
The 13-year-old girl was raped repeatedly by a man who lived next door to her family and hired her as his cook. When she discovered she was pregnant, the family complained to the police and the neighbour was arrested. The parents then took her to a local clinic for an abortion, but the doctor refused, telling them to first get legal permission from a local court. This despite the fact that .the Medical Termination of Pregnancy Act gives a rape victim the choice to abort her unborn child. The law also states that a pregnancy caused by a rape can mentally scar the victim.
"In the first place this really shouldn't have occurred...because a registered medical practitioner can terminate a pregnancy of a child victim of rape... because it has been clearly said... if the continuation of the pregnancy poses a risk to the life of the pregnant woman... or of grave injury to her physical or mental health... then the pregnancy can be terminated," explains Kirti Singh, Lawyer and Women's Rights Activists.
But a local court ruled that the pregnancy would not impact this teenager's health. She then had to prove her case in other courts. Activists say what she has gone through proves the wide gap between the law and how it is enforced. More worryingly, to some, it indicates a complete insensitivity to helping a young victim recover from a brutal attack.