IMPORTANT POINT
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 marital status, as provided by the Medical Termination of Pregnancy Act, 2021.

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:

“A. Your Lordships may be pleased to admit and allow the present petition;

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 pregnancy of the petitioner - victim by constituting Team for undertaking the termination of pregnancy 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 petitioner -victim, in the interest of justice. ”

2. The petitioner has averred in the petition that she is residing with her mother with three siblings in the family. The eldest sister has married and is residing with her husband at Gandhidham- Kutch. Before 8 years, the petitioner mother had got divorced and thereafter the petitioner is residing with her mother in rented premises in the city of Ahmedabad. It is further submitted that due to poor financial condition the petitioner could not complete her study and in order to help the family, she is doing a job in a call center situated at Ashram Road, Ahmedabad. She has a younger sister who is aged 16 years.

2.1. It is the case of the petitioner that she used to travel though public transport service i.e. AMTS bus to attend her job. During such frequent use of transport, the petitioner came in contact with the conductor of the said AMTS bus viz. Mitesh Himmatbhai Thakor which gradually developed into a relationship culminated into a love affair.

2.2. The mother of the petitioner was made aware about such a relationship and initially the family of the petitioner and boy had agreed for engagement. On a few occasions taking disadvantage of the loneliness of the petitioner, the said Mitesh Himmatbhai Thakor had developed physical relations with the petitioner against her wish. The aforesaid circumstances were appraised by the petitioner to her mother.

2.3. On 24.4.2024 the petitioner did not feel better and she has appraised the aforesaid fact to the said Mitesh Himmatbhai Thakor wherein, he had denied to accompany and returned back to his native place Bayad, Aravali. The said Mitesh Himmatbhai Thakor had withdrawn from the relationship. The petitioner had visited Puja Hospital at Ranip with her mother wherein she was diagnosed with her pregnancy. The necessary medical reports were carried out and it was confirmed that the petitioner was carrying three months pregnancy.

2.4. On 03.05.2024 the petitioner approached the Ranip Police Station at Ahmedabad City by lodging the FIR against the said Mitesh Himmatbhai Thakor for the offense punishable under Sections 376(2)(f) and 376(2)(n) of the IPC, which was registered as FIR being CR No. 11191002240173 of 2024. The said accused was arrested and is in judicial custody.

2.5. In background of the aforesaid facts, it is submitted that the petitioner is victim of rape and she has sought permission to terminate unwanted pregnancy which has been conceived on account of rape. It i