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NISHA M. THAKORE
ABC – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. The petitioner herein is the rape victim aged 19 years six months has invoked writ jurisdiction of this Court seeking permission to terminate her pregnancy before completion of 24 weeks viz. 7th July, 2024. For the sake of convenience, reliefs sought for by the petitioner are reproduced herein under:
B. Your Lordships may be pleased to issue appropriate writ, order or direction to the respondent authority to terminate the pregnancy of the petitioner, at the earliest, as the same being in the best interest of the petitioner-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, Ranip Police Station, Ahmedabad City for onward transmission of the same to the concerned Forensic Science Laboratory, interest of justice;
C. Pending admission hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents to conduct medical termination of preg
The central legal point established in the judgment is the recognition of a woman's reproductive autonomy and right to choose medical intervention to terminate her pregnancy, irrespective of her mari....
The court affirmed that termination of pregnancy after 20 weeks for rape victims is permissible when mental and physical health risks are evident, prioritizing the victim’s best interests.
The right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.
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