The court's decision was based on the provisions of the Medical Termination of Pregnancy Act, considering the best interest of the minor victim and her physical and mental health.

JUDGMENT :

RULE. Learned APP waives service of notice of rule on behalf of the respondents.

1. By way of this petition, the petitioner has prayed for the following reliefs;

“(A) This Hon’ble Court may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of petitioner-victim who is minor aged 11 years and 9 months and 6 days, at the earliest, as the same being in best interest of the victim, considering her very young age, physical health and incident of rape causing grave injury to her mental health and further be pleased to direct the respondent no.3 to hand over, in scientific manner, the tissues drawn from the fetus for DNA identification to the Police Inspector, Dediyada Police Station for onward transmission of the same to the concerned Forensic Science Laboratory, interest of justice.

(B) Pending admission hearing and final disposal of this petition, this Hon’ble Court may be pleased to direct the respondent no. 1 to 3 to conduct medical termination of pregnancy of the minor victim with two qualified surgeons including Gynecologist, Obstetrician and in presence of qualified physician with due care and precaution after carrying out necessary medical check-up, so as to avoid any likelihood of untoward harm to the physical or mental health of the minor victim Kiran, in the interest of justice.

(C) This Hon’ble Court may be pleased to grant such other and further relief (s) as deemed fit, just and proper in the interest of justice.”

2. Pursuant to the order dated 04.09.2023 passed by this Court, today, learned APP Mr. Patel produced medical report of the victim girl dated 05.09.2023 prepared by the panel of Doctors of Medical College & SSG Hospital, Vadodara. The same is taken on record. For ready reference, the said report is reproduced hereunder:

“With reference to your above mentioned letter, committee members have jointly examined (xyz) (sic), daughter of Kesharsinh Roopsinh Vasava on 05/09/2023. After thorough examination and review of case, observations of the committee are as under:

1. XYZ (sic), daughter of Kesharsinh Roopsinh Vasava, is having 26-28 weeks viable pregnancy on clinical examination. On ultrasound examination period of gestation is 26 weeks and 5 days with no detectable congenital anamoly (done by Dr Dipen Vaidya, Associate Prof. Dept. Of Radio diagnosis, S.S.G. Hospital, Vadodara).

2. On clinical examination of XYZ (sic), daughter of Kesharsinh Roopsinh Vasava, no significant systemic abnormality detected. Moreover at present she does not show signs of any associated pregnancy complications.

3. During Psychiatrist interview and evaluation, it is found that she is having clinically average intelligence; currently, she is under stress due to unwanted catastrophic event and pregnancy. Her mother feels continuation of pregnancy will be stressful and embarrassing for her and their family and will impact patient’s mental health. She has expressed her desire for termination of pregnancy of her daughter. She (XYZ (sic), daughter of Kesharsinh Roopsinh Vasava) needs mental health professionals help in ongoing care.

4. At present she is having uncomplicated ongoing pregnancy. However considering her age, risks of development of complications in future are higher than compared to other low risk pregnancies.

5. With regard to the fetus, it is 26 weeks and 5 days fetus with estimated fetal weight of 873+/-131grams. If delivered at this stage is likely to be live and viable. The baby has a fair chance of survival if given optimum care. However, compared to a child delivered at full term, he/she has much greater risk of complications which may require intensive care support. This may also result in significant and serious permanent neuro-developmental sequel.”

3. As per the opinion given by the panel of Doctors in the form of the report dated 05.09.2023, the victim girl is carrying pregnancy of 26 weeks and 05 days as on 05.09.2023 and no significant systemic abnormali