Wed. Sep 23rd, 2020

Panel of doctors who were directed to examine a 14 year old rape victim, unanimously decide that her pregnancy can be terminated

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Supreme Court: Following
the Order of the Division Bench comprising of A.R. Dave and Kurian Joseph, JJ.,
whereby the petitioner’s 14 year old daughter was directed to undergo a medical
examination by a team of gynecologists to ascertain that whether she is fit to
abort her foetus, the panel on 30.07.2015 unanimously decided that terminating
the pregnancy is necessary to preserve the physical and mental health of the
girl.   

As per
the facts of the present case the Court had ordered that the petitioner’s
daughter is to be examined by three senior most available Gynecologists of the
Civil Hospital, Ahmedabad along with Dr. Riddhi Ketan Shukla who had examined
the patient earlier. The Court further directed that this Order shall be
intimated to the Medical Superintendent of the Civil Hospital and Dr. Riddhi
Ketan Shukla. The Court stated that if the team of doctors deemed that the
abortion is an immediate necessity to save the life of the patient and, if the
patient and petitioner agree to the same, then the concerned doctor shall
perform the surgery. In case of non-unanimity of opinion between the doctors,
the majority view shall prevail. Additionally, the hospital authorities were
directed to make the required arrangements for the examination of the patient. [Chandrakant
Jayantilal Suthar v. State of Gujarat, decided on
28.07.15]
Source: Legal news India

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