'Each Day's Delay Will Add To Agony': Gujarat High Court Permits Termination Of 15-Week Pregnancy Of Minor Rape Survivor

Justice M.R. Mengdey observed:

"Considering the fact that each day's delay will add to the victim's agony, the following directions are issued :

(i) The victim is permitted to get the pregnancy terminated at the Zydus Medical College and Hospital, Dahod. The termination of pregnancy be carried out with all the necessary medical facilities available at the disposal of the Hospital and on ensuring proper care in pre-termination and post termination periods.

(ii) On production of this order, the Superintendent of the Zydus Medical College and Hospital, shall take immediate measures for constituting a medical team for conducting the procedure.

(iii) The victim shall file an appropriate undertaking, authorizing to conduct the surgery at her risk.

(iv) If the baby is alive at birth, the hospital shall ensure that the baby is offered the best medical treatment available, so that it develops into a healthy child.

(v) If the victim is not willing to assume the responsibility of the baby, the State and its agencies shall assume full responsibility and offer medical support and facilities to the child, keeping in mind the best interests of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2005.

(vi) The doctors shall take the necessary tissue samples from the DNA identification by following the scientific practice for DNA identification and such samples shall be handed over to the Investigating Officer concerned"

Noting that the pregnancy had exceeded 15 weeks the court directed her examination by three senior most Gynaecologist of the hospital and also by the psychologist.

"The said team of doctors shall examine the applicant-victim, and after having interaction with her, undertake the procedure of surgery on urgent basis along with other required expert doctors like Physician, Anaesthetic etc., if otherwise, there is unanimity amongst the doctors to the effect that such termination would be carried out safely,” the court said.

The petition was filed by the guardian of the 14 years and 6 months old victim under the provisions of the Medical Termination Pregnancy Act in connection with the FIR for the offences under POCSO Act and under BNS Sections 137(2) (punishment for rape committed by a person in a position of authority or trust), 87 (punishment for kidnapping or abducting a woman with intent to compel her marriage or force her into illicit intercourse).

The petition was earlier withdrawn as the minor girl was allegedly abducted by an unknown person a separate FIR was lodged in that regard. The minor was thereafter found and submitted that she wanted to reside with the parents.

The Court had directed the hospital to form a committee and file a report on the proposed termination of pregnancy.

The report was placed before the court wherein, the doctors from different departments–gynaecologist, psychiatrist, physician and radiologist found the applicant-victim's pregnancy is 15 weeks, so termination of pregnancy can be done as per MTP Act.

The APP then contended the Court to permit termination, the foetal tissues to be preserved and be handed over to the Investigation Officer for DNA sampling in a scientific manner.

The Court relied on the decision of the Apex Court in X vs Union of India & Anr. (2023) wherein the Supreme Court summarised the legal framework governing medical termination of pregnancy, and on XYZ v. State of Gujarat (2023), where the Apex Court found error in the High Court's refusal to permit termination of a 27-week pregnancy arising from alleged sexual assault despite medical reports indicating no physical risk.

Further it relied on Minor R through Mother H vs State of NCT of Delhi (2023), wherein the Delhi High Court held that denying a rape survivor the right to terminate pregnancy violates her dignity under Article 21, and that compelling a minor victim to carry and raise a child would deepen her trauma and seriously affect her mental health.

In doing so, the Court observed, it would be “profitable” to refer to the decision of the Apex Court wherein “the best interest theory of the victim is settled”. Considering the medical opinion, the trauma, mental agony and possible social ostracism that the applicant-victim has to undergo, the court allowed the prayer for medical termination of pregnancy.

The Court directed the State's counsel to communicate the order to the Hospital in Dahod forthwith.

The plea was disposed of.

Case Title: ABC vs State of Gujarat & Ors.

Case Number: Special Criminal Application (Direction) No. 1205 of 2026

Counsel for the Applicant: Advocate Mr. Maulik Soni

Counsel for the Respondent: APP Mr. H K Patel

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