The Gujarat High Court on February 2 permitted a 14-year-old rape survivor to medically terminate her 15-week pregnancy, stressing that every day’s delay would only deepen her trauma.
Justice M. R. Mengdey passed the order while hearing a petition filed by the minor victim seeking urgent permission under the Medical Termination of Pregnancy (MTP) Act. The case arose from an FIR registered at Dhanpur Police Station in Dahod district.
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Background of the Case
The minor, aged 14 years and six months, approached the High Court through her guardian. She stated that the pregnancy resulted from rape and that continuing it would severely affect her physical and mental health.
An FIR bearing No. 11821014251231 of 2025 had been registered for offences under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita.
Earlier, a similar petition had been withdrawn after the victim was reportedly abducted. Once she was found and reunited with her parents, the present application was filed again.
On January 29, the Court directed the Civil Surgeon at Dahod to form a medical committee to examine the girl and submit a report.
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Medical Board’s Findings
The medical team - comprising specialists in gynecology, psychiatry, radiology, and medicine - examined the survivor and submitted its report on January 31.
The Board confirmed that the pregnancy had reached 15 weeks. Importantly, it opined that termination could be carried out in accordance with the MTP Amendment Act, 2021.
The prosecution also urged the Court to ensure that fetal tissue samples be preserved for DNA testing to aid the ongoing criminal investigation.
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Court’s Observations
While dictating the order in open court, Justice Mengdey referred to settled law laid down by the Supreme Court of India on reproductive autonomy.
The Court noted that where pregnancy results from rape, the anguish caused is presumed to be a grave injury to the woman’s mental health under the MTP Act.
Quoting from precedent, the bench observed, “The MTP Act recognizes the autonomy of the pregnant woman and respects her right to choose the course of her life.”
The judge also took note of earlier rulings emphasizing that forcing a rape survivor - especially a minor - to continue pregnancy would violate her right to live with dignity under Article 21 of the Constitution.
The Court remarked that the “best interest” of the minor victim must guide the decision, especially considering the trauma, mental agony, and possible social stigma she may face.
Given that the pregnancy was at 15 weeks - within the statutory framework permitting termination in such cases - the Court found no legal obstacle.
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Directions Issued by the Court
Allowing the petition, the High Court issued detailed directions:
- The survivor was permitted to undergo termination at Zydus Medical College and Hospital, Dahod.
- The hospital superintendent was directed to immediately constitute a medical team, including three senior gynecologists and a psychologist.
- The procedure must be conducted with full pre- and post-operative care.
- The minor must file an undertaking authorizing the surgery at her own risk.
- If the child is born alive, the hospital must provide the best available medical care.
- If the survivor declines responsibility for the child, the State must assume full responsibility under child protection laws.
- Doctors were directed to preserve tissue samples scientifically for DNA identification and hand them to the Investigating Officer.
Justice Mengdey underscored the urgency of the matter, stating that “each day’s delay will add to the victim’s agony.”
With these directions, the Special Criminal Application was disposed of.
Case Title: ABC v. State of Gujarat & Ors.
Case No.: R/Special Criminal Application (Direction) No. 1205 of 2026
Decision Date: 02 February 2026
