On July 25, the Supreme Court had allowed a rape survivor to abort her 24-week-old foetus.
Gujarat High Court today directed the medical officer of the civil hospital in Ahmedabad to examine a rape survivor, who has sought its permission for termination of her 22-week pregnancy.
Under the law, pregnancy cannot be terminated after 20 weeks.
The 32-year-old victim, who is speech and hearing impaired, was allegedly raped by a clerk at the shelter home in the city where she lives. The crime came to light when she became pregnant.
The accused, Amrut Patel, was subsequently arrested.
Justice Sonia Gokani today ordered the medical officer of the VS Hospital to examine the woman and submit a report by tomorrow or the day after. The court will pass an order based on the medical report on Thursday, the judge said.
The survivor's lawyer argued that as she is disabled, she will find it difficult to take care of the baby.
On July 25, the Supreme Court had allowed a rape survivor to abort her 24-week-old 'abnormal' foetus, on the ground that continuance of pregnancy would gravely endanger her physical and mental health.
The top court had given her benefit of the exception under section 5 of the Medical Termination of Pregnancy Act, 1971, which allows abortion after 20 weeks only if there is a grave danger to the life of the mother.