Oral Order

1. The present application has been preferred by the applicant-victim girl (through her father) under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as under the provisions of the Medical Termination of the Pregnancy Act, 1971, in connection with the FIR being C.R.No.11821050251277 of 2025 dated 29.09.2025 registered with the Sagtala Police Station, District Dahod, against the accused persons, for the offences punishable under Sections 376(2)(j), 376(2)(n) of the Indian Penal Code and Sections 87, 137(2), 65(1) and 64(2)(M) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

2. By way of filing the present application, the applicant- victim girl, who is aged about 14 years and 25 days as on date, through her father, has prayed for a direction to the respondent no.3 - authority to terminate her pregnancy, at the earliest, which is in her best interest considering her physical health, and the incident of rape, which caused grave injury to her mental health.

3. On 15.05.2026, a Coordinate Bench of this Court has passed the following order :-

          "1. Heard Mr.Mahavir Jebaliya, learned advocate for Mr.Nimesh M. Patel, learned advocate for the applicant as also Ms. Vruna Shah, learned APP for the respondent - State.

          2. Mr.Jebaliya, learned advocate would submit that the petitioner happens to be the father of victim girl, aged about 13 years and 8 months, and due to commission of crime in question, she got pregnant and is carrying the fetus around 20 weeks as on date.

          3. Ms.Shah, learned APP, under the instructions of the investigating Officer, who is present before the Court, confirms the aforesaid fact.

          4. Having heard the learned advocates for the respective parties and after going through the averments made in the petition, it deserves consideration. Hence, at this stage, I pass the following order :-

          4.1 NOTICE returnable on 19th May, 2026. Learned APP waives service of notice for and on behalf of the respondent Nos.1 and 2.

          4.2 Respondent No.3 is hereby directed to constitute the team of the doctor, who will examine the victim girl i.e. daughter of the petitioner herein and submit the report through the concerned Police Station before the next date of hearing."

4. Pursuant to the order passed by this Court dated 15.05.2026, the learned APP has submitted a report dated 18.05.2026 of the Medical Superintendent, Zydus Medical College and Hospital, Dahod. On perusing the said report, it appears that after examining the applicant-victim girl, the panel of doctors from different branches/departments, viz. gynecology, medicines, radiology, anesthesia, psychiatrist, etc., found the applicant-victim girl in good health, carrying a fetus with gestational age of 19-weeks & 05-days.

Therefore, the panel of doctors has opined that the victim- girl is fit for the 2nd Trimester Medical Termination of Pregnancy.

5. Considering the medical opinion of the panel doctors, today this Court virtually interacted with the victim-girl in presence of the learned advocate Mr.Nimesh Patel appearing for the applicant-victim girl and the learned APP Mr.Rohan Raval appearing for the respondent - State. During the interaction, the victim-girl explicitly stated that she does not wish to carry the pregnancy and voluntarily expressed her desire to terminate it, without there being any pressure or coercion from any person, including her parents.

6. Having heard learned advocates appearing for the respective parties and having gone through the averments made in the application, it appears from the history given by the victim girl before the Medical Officer that she was taken by the accused persons named in the FIR being C.R.No.11821050251277 of 2025 registered with the Sagtala Police Station, District Dahod, and one of the accused persons had developed physical relationship with her without her consent. Admittedly, the victim girl was minor at the time of the alleged incident and had not even completed 14 years of age. Considering the aforesaid, prima facie, it appears that she is a rape victim. It further appears that the panel of doctors has opined that the applicant- victim girl is carrying a fetus with gestational age of 19- weeks & 05-days, and she is fit for the 2 nd Trimester Medical Termination of Pregnancy.

7. Learned APP Mr.Raval has urged before this Court that in a given set of circumstances, this Court may issue a direction for termination of pregnancy; however, the tissues from the fetus may be directed to be handed over for the purpose of DNA sampling, scientifically, to the Investigating Officer.

8. In the case of X vs. Union of India and Another (Miscellaneous Application No.2157 of 2023 in Writ Petition (Civil) No.1137 of 2023), the Supreme Court has summarised the law regarding the medical termination of pregnancies. In paragraph-13, the Supreme Court has observed thus :

          "Medical termination of pregnancies

          13. The termination of pregnancies is governed by the MTP Act and the rules framed under it. The MTP Act is a progressive legislation which regulates the manner in which pregnancies may be terminated. Section 3 spells out certain conditions which must be satisfied before a pregnancy can be terminated. The conditions depend upon the length of the pregnancy. Where the length of the pregnancy does not exceed twenty weeks, one Registered Medical Practitioner must be of the opinion, formed in good faith, that:

          a. The continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health. The anguish caused by a pregnancy which occurs due to the failure of a contraceptive method is presumed to constitute a grave injury to the mental health of the woman; or

          b. There is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.

          Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the woman. The presumption adverted to in (a) above makes it evident that the MTP Act recognizes the autonomy of the pregnant woman and respects her right to choose the course of her life.

          14. Where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks, two RMPs must be of the opinion discussed in the preceding paragraph. The categories of women where a pregnancy beyond 20 weeks and up to 24 weeks may be terminated are permitted to be prescribed by rules made by the delegate of the legislature. Rule 3B of the MTP Rules (as amended in 2021) provides grounds for the termination of a pregnancy up to twenty-four weeks.

          The termination may be allowed in the following cases or for the following persons:

          a. Survivors of sexual assault or rape or incest;

          b. Minors;

          c. Change of marital status during the ongoing pregnancy (widowhood and divorce);

          d. Women with physical disabilities with a major disability in terms of the criteria laid down under the Rights of Persons with Disabilities Act 2016;

          e. Mentally ill women including mental retardation;

          f. Foetal malformation that has a substantial risk of being incompatible with life or where in the event of birth, the child may suffer from physical or mental abnormalities and be seriously handicapped; and

          g. Women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the Government.

          In X v. Principal Secretary, Department of Health and Family Welfare, GNCTD, this Court held that the benefits of Rule 3B(c) extend equally to both single and married women and that the benefits of Rule 3B extend to all women who undergo a change in their material circumstances.

          15. Significantly, if in the opinion of an RMP, the termination of a pregnancy is immediately necessary to save the life of a pregnant woman, the provisions of Section 3 which relate to the length of the pregnancy and the opinion of two RMPs shall not apply. Section 4 (which concerns the place at which a pregnancy may be terminated) shall not apply to such cases as well. The design of the statute makes it evident that saving the life of the pregnant woman is of paramount importance, notwithstanding the length of the pregnancy.

          16. Further, the provisions of Section 3(2) relating to the length of the pregnancy shall not apply to the termination of a pregnancy by an RMP, where such termination is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board. The Medical Board has the power to allow or deny the termination of a pregnancy the length of which is beyond twenty-four weeks. It may do so only after ensuring that the procedure would be safe for the woman at that gestation age and after considering whether the foetal malformation leads to a substantial risk of the foetus being incompatible with life, or where the child (if it is born) may suffer from such physical or mental abnormalities as to be seriously handicapped.

          Therefore, the outer temporal limit within which a pregnancy may be terminated is lifted in some cases."

          9. The learned advocate appearing for the applicant- victim girl, relying upon the decision of the Supreme Court in the case of XYZ vs. The State of Gujarat & Ors (SLP (Cri) Dy. No.33790 of 2023, decided on 21.08.2023), has submitted that the Supreme Court, in paragraphs-10, 12 & 14, held as under :

          "10. We find that in the absence of even noticing the aforesaid portion of the report, the High Court was not right in simply holding that "the age of the foetus is almost 27 weeks as on 17.08.2023 and considering the statements made by the learned advocate for the petitioner-victim and the averments made in the application the petition for medical termination of pregnancy stands rejected", which, in our view is ex facie contradictory. Being aggrieved by the said order the appellant has knocked the doors of this Court seeking expeditious relief.

          12. Pursuant to the order of this Court dated 19.08.2023 as extracted hereinabove, the report of the Medical Superintendent, Dr.Kiran C.Patel Medical College & Research Institute, Bharuch and Chief District Medical officer-cum-Civil surgeon General Hospital, Bharuch, Gujarat has been placed on record, which states that the petitioner's pregnancy is of 27 weeks 2 days +/- 2 weeks duration and the live intrauterine foetus weights around 1088 grams as per the ultra sonography done on 19.08.2023. Paragraphs 3 to 6 of the report reads as under :-

          "3. There is no indication for termination of pregnancy as per Maternal Physical Health but as per history given by survivor this pregnancy is due to sexual assault with her, continuation of this pregnancy can affect her mental health and in addition survivor want to terminate pregnancy; Medical Termination of Pregnancy (MTP) at this stage of pregnancy can be done in this hospital if Honourable Court Permits.

          4. In that case the Medical Termination of Pregnancy would be done first by induction of Labour and if indicated then by Hysterotomy procedure after taking consent of survivor & explaining due risks to maternal health and fetal outcome.

          5. At present the survivor is clinically fit for above mentioned procedure.

          6. The Medical Termination of Pregnancy would not adversely affect child bearing capacity and General Health of the survivor in future."

          14. In Suchita Srivastava vs. State (UT of Chandigarh) (2009) 9 SCC 1, this Court expressed that the right of a woman to have reproductive choice is an insegregable part of her personal liberty, as envisaged under Article 21 of the Constitution. She has a sacrosanct right to her bodily integrity.""

          10. In the case of Minor R through Mother H vs. State of NCT of Delhi and Another (W.P. (Cri) No.221 of 2023, decided on 25.01.2023), the Delhi High Court held as under :

          "12. In the case of sexual assault, denying a women right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother. Section 3(2) of the MTP Act reiterates that right of a woman. To force the victim to give birth to child of a man who sexually assaulted would result in unexplainable miseries.

          One will shudder to think what a victim who is carrying such fetus in her womb must be going through each day, being reminded constantly of the sexual assault that she has undergone. Cases where sexual assault results into pregnancy of the victim are even more traumatic as the shadow of such tragic moment lingers on each day with the victim. It is this mental agony which has been taken into account by the MTP Act which lays emphasis on not only grave physical injury but also mental health of a pregnant woman. It therefore provides under Section 3(2)(i) that if the continuance of pregnancy would involve grave injury to the mental health of a pregnant woman, she can legitimately seek to terminate the same. In furtherance of the same intent, Section 3(2) Explanation 2 of the MTP Act provides that -

          "Explanation 2.- Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman."

          The present case stands covered under this explanation.

          14. This Court takes note of the fact that Article 21 of the Constitution of India dealing with right to life invariably includes a life lived with dignity. The child herein is a victim of rape. Termination of pregnancy in cases, like present one, cannot be reduced merely to be defined as right of a woman sexually assaulted, but also to be recognized as a human right, as it affects dignified existence of a victim if the same is not permitted. It is not the privacy of the rape victim which is invaded by sexual assault, but her body is wounded and her soul is scared. It would not be appropriate to expect the minor victim who is a rape victim to take the burden of giving birth and raising a child, especially in a situation where she herself is passing through the age of adolescent. Doing so, will amount to asking a child to give birth and raise another child. Given the social, financial, and other factors that are immediately associated with the pregnancy, an unwanted pregnancy would surely have an impact on victim's mental health."

11. At this stage, it would be profitable to refer to the decision of the Supreme Court, wherein 'the best interest' theory for the victim is settled. Furthermore, considering the medical opinion given by the panel of doctors, as well as, considering the trauma, mental agony and possible social ostracism which the applicant-victim has to undergo, this Court is inclined to allow the prayer for medical termination of the pregnancy of the applicant-victim girl.

12. Since the pregnancy of the applicant-victim girl exceeds 19 weeks as of now, the Court directs three senior most Gynecologists, as well as, a Psychologist of the Zydus Medical College and Hospital, Dahod, to examine the applicant-victim girl, and after interacting with her, undertake the procedure of surgery, on urgent basis, in presence of the expert Physician and Anesthetist, if otherwise, there is unanimity amongst the doctors to the effect that such termination would be carried out safely.

13. 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 shall be carried out with all the necessary medical facilities available at the disposal of the Hospital, after ensuring proper care in pre-termination and post termination periods.

          (ii) On production of this order, the Superintendent, Zydus Medical College and Hospital, Dahod, shall take immediate measures to constitute a medical team for conducting the aforesaid 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 supports 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 for the DNA identification by following the scientific practice for DNA identification, and such samples shall be handed over to the Investigating Officer concerned.

16. The learned APP shall communicate about this order to the Superintendent, Zydus Medical College and Hospital, Dahod, forthwith. A copy of this order shall also be sent by the Registry to the Chief District Medical Officer-cum-Civil Surgeon, General Hospital, Dahod.

17. With the above directions, the present petition stands disposed of. Direct service today is permitted.