India’s Gujarat High Court on Monday ordered the abortion of a 33-week-old preborn baby a week after the Protection of Children from Sexual Offense Court denied the request to abort the baby.
The case involves a 13-year-old girl who became pregnant by rape at the hands of neighbor who is believed to have assaulted her multiple times while the girl’s mother and stepfather were at work. The girl suffers from moderate anemia and allegedly has a “low IQ level,” according to Justice Nirzar Desai.
“After considering all factors related to the victim’s very young age, stage of pregnancy, moderate anaemia, mental condition and low IQ level, it is evident that continuing the pregnancy will increase the risk for the mother,” said the court. There is a 20-week legal abortion limit under the Medical Termination of Pregnancy (MTP) Act, however, the court made a judicial exemption for the girl due to the assault and the girl’s medical condition. However, the abortion will also be a high-risk procedure for her.
An expert medical opinion given to the court stated, “Termination of pregnancy is possible though the procedure carries a high risk of complications as the girl suffers from anaemia.” Based on this opinion, the court ordered that the abortion be carried out under the supervision of a specialist and only after doctors treat the girl’s anemia.
“MTP can be performed after evaluation and correction of anaemia, since the victim is at high risk of complications related to termination of pregnancy,” said the court. It added, “As medical termination of pregnancy is possible, it should be carried out after obtaining written consent from her parents saying that they understand the risk.” The court said that the girl had a long life ahead of her and therefore, the abortion should be carefully carried out.
Despite this order, the Medical Officer and Medical Superintendent of PDU General Hospital said the abortion should be committed as soon as possible. “They are directed to perform the procedure while ensuring that all possible care is taken and arrangements are made for necessary medical facilities such as blood supply, possibly on Monday itself,” the court ordered.
It is unclear if the abortion has been carried out; however, it seems absurd that the abortion would be carried out the same day as the court’s ruling, but only if the anemia was treated. If it were that simple to treat the girl’s anemia, why would it not have already been done? In addition, if the girl’s health is considered to be so at risk that the pregnancy must end, why would the baby have to be killed instead of simply delivered alive?
Such a ruling indicates that the decision has less to do with the girl’s health and more to do with her alleged low IQ and the rape. At 33 weeks, her baby has a 95% chance of survival. The only difference between an induction abortion at that stage of pregnancy and an induction delivery is the goal of the procedure. In an induction abortion, the goal is to ensure the baby is dead before delivery, while the goal of induction of labor would be to protect both the baby’s and the mother’s health and life.
Courts in India appear to have a history of ordering late abortions. In 2022, the High Court of Delhi ordered that a couple could abort their 33-week preborn baby because of a fetal diagnosis, and in 2021, another high court in India ruled that a healthy 23-week-old preborn baby could be aborted due to domestic violence.
