The right to reproductive autonomy and dignity, as recognized in legal precedents, takes precedence in decisions regarding pregnancy termination, especially when the victim is a minor.

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) Your Lordships be pleased to grant permission to the petitioner- minor victim to terminate the pregnancy as the pregnancy is of 16 weeks to 17 weeks at the earliest, as the continuance of pregnancy would cause grave injury to the petitioner- victim, in the interest of justice.

(B) Pending admission, hearing and final disposal of this petition, Your Lordships be pleased to direct the respondents to undertake necessary medical tests of petitioner- victim by the qualified surgeon/s including Gynecologist, Obstetrician, in presence of a qualified physician with due care and precaution, so as to avoid any likelihood of untoward harm to the physical or mental health of petitioner, and to submit report thereof to this Hon’ble Court with immediate effect or at the earliest as deemed fit and proper to the Hon’ble Court for its subjective satisfaction.

(C) Pending admission, hearing and final disposal of this petition, Your Lordships be pleased to grant permission to the petitioner- minor victim to terminate the pregnancy as the continuance of pregnancy would cause grave injury to the petitioner- victim as the pregnancy is of 16 weeks to 17 weeks presently in the interest of justice.

(D) The Hon’ble Court be pleased to grant such other and further orders, as this Hon’ble Court may deem fit and proper in the facts and circumstances mentioned above.”

2. Pursuant to the order dated 04.09.2023 passed by this Court, today, learned APP Mr.Bhargav Pandya produced medical report of the victim girl dated 06.09.2023 prepared by the panel of Doctors of GEMRS Medical College attached to General Hospital, Gandhinagar. The same is taken on record. For ready reference, the said report is reproduced hereunder:

“1. After reviewing history, lab reports, physical and radiological examination allied fitness done by gynecology, paediatrics, psychiatric and anesthesia department.

2. Gynecological examination, laboratory investigation and radiological examination (Antenatal USG) was carried out on 05.09.2023. Psychiatric reference, paediatrician reference, anesthesiologist reference was done on date: 06.09.2023.

3. As per sonography done on 05.09.2023, victim is having 19 weeks pregnancy.

4. After opinion & fitness of allied medical specialties, we above panel doctors are of the opinion that pregnancy be terminated with usual risk associated with such condition keeping in mind age of patient and gestational age.”

3. As per the opinion given by the panel of Doctors in the form of the report dated 06.09.2023, the victim girl is carrying pregnancy of 19 weeks as on 05.09.2023 and no significant systemic abnormality has been detected. The victim also does not show signs of any associated pregnancy complications.

4. Learned Advocate Mr.Amit Chaudhary appearing for respondent no.6-original accused submitted that the original accused is ready to marry the victim and to accept all responsibilities of the victim as also of the child to be born. An affidavit to that effect has been filed and produced on record. He submitted that the dispute between the parties relates to caste and that the victim has never agreed for her medical termination of pregnancy and that the present petition has been filed only on account of the pressure of her parents. He accordingly prayed to reject the petition.

5. Considering the statement of the victim recorded under section 164 of Cr.P.C. as well as before the Police and medical report of the victim, this Court is of the considered opinion that victim girl is hereby permitted to terminate her pregnancy.

6. At this juncture, a reference to the judgment rendered by the Apex Court in case of X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another reported in AIR 2022 SC 4917 would be apposite. In paragraphs-99 & 116, it has been observed a