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2025 Supreme(Guj) 1686
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J.
ACB (Victim) - Appellant
Versus
State Of Gujarat & Ors. - Respondents
R/Special Criminal Application (Direction) No. 8225 of 2025
Decided on : 12-06-2025
For the Appellant : MR PV PATADIYA
For the Respondent: DS AFF.NOT FILED, MR ROHAN RAVAL
The court ruled that a minor victim of rape has the right to terminate an unwanted pregnancy due to significant risks to her mental and physical health, guided by the best interest principle.
Headnote:(A) Medical Termination of Pregnancy Act, 1971 - Section 3 - Termination of pregnancy of a minor victim of rape - Petition by the mother for medical termination allowed - Court emphasized the victim's best interest, mental health impact, and medical advisability for termination - Expert opinion supported the action - Legal rights considered in context of the victim's age and circumstances. (Paras 7, 11, 12, and 13)
(B) The best interest principle - Focus is on the welfare and mental health of the minor, emphasizing that continuation of an unwanted pregnancy poses a severe risk to her well-being and future. (Paras 11 and 12)
Facts of the case:
The petition pertains to a minor aged about 14 years who became pregnant following an incident of sexual assault. The mother seeks approval for termination due to potential trauma and health risks that the minor faces in continuing the pregnancy.
Findings of Court:
The court acknowledges the grave risk to the victim's mental and physical health should the pregnancy continue, ruling that termination must occur promptly, considering the victim's best interests.
Issues: The primary question addressed was whether termination of pregnancy is justified under the circumstances of the victim, a minor, who was sexually assaulted.
Ratio Decidendi: The court, referencing medical and legal standards, concluded that the pregnancy termination aligns with the best interests of the minor, given her psychological distress and the societal implications of unwanted pregnancy.
Result: The petition is allowed to perform the medical termination of the pregnancy of the minor at the earliest.
ORDER :
HASMUKH D. SUTHAR, J.
[1.0] The mother of the victim has approached this Court seeking following relief:-
“(B) Your Lordship may be pleased to quash and set aside the order dt. 09-06-2025 passed in Cr.Ma No. 218 of 2025 by Ld. Special Judge Narmada at Rajpipla (annexure-C), and allow the present petition.
(C) Your Lordships may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of the victim who is aged about 14 years and 08 months, at the earliest, as the same being in the 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, Rajpipla Police Station, Narmada for onward transmission of the same to the concerned Forensic Science Laboratory, interest of justice;”
[2.0] Since victim of sexual abuse is a minor, her identity has not been disclosed in this order and she has been referred to as the 'minor’ or the ‘victim' in the entire order. Registry is directed to anonymize the name of the minor / victim in the judgment and all orders that may be passed as well as in the records which are publicly available.
[3.0] The facts taken out from the petition, are as under:-
[3.1] The petitioner is the mother of the victim, and both are residing together. On 31.05.2025, the victim had gone to the Anganwadi during noon hours. When she did not return home, her younger sister informed the petitioner (mother). During the search for the victim, she was found at an agricultural field situated on the outskirts of the village along with one accused named Vishal. Upon being discovered, the accused fled the scene. When the victim was questioned by her parents, she did not say anything. Thereafter, the petitioner took the victim to the Rajpipla Police Station. However, at the police station, the victim was reluctant to stay with her mother and ultimately, she was sent to the One Stop Center. Accordingly, an FIR came to be lodged at Rajpipla Police Station, Narmada, being FIR No. 11823017250926 of 2025, for the offences punishable under Sections 6 4 (2)(i), 64(2)(m), 65(1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act. Subsequently, when the deponent visited the One Stop Center to meet the victim, the victim informed her that she had been in a relationship with the accused Vishal for the past six months. Upon medical examination, it was revealed that the victim was pregnant, carrying a gestational age of 13 weeks and 6 days. Following the registration of the FIR, the petitioner filed an application before the learned Sessions Court, Rajpipla, seeking permission for termination of the victim’s pregnancy. The said application was registered as Criminal Misc. Application No. 218 of 2025. However, without properly considering the rival submissions and the relevant provisions of law, the learned Special Judge, Narmada at Rajpipla, vide order dated 09.06.2025, dismissed the petitioner’s application for termination of pregnancy.
[4.0] On 12.06.2025, this court has passed following order:-
“NOTICE returnable on 13.06.2025. Learned APP waives service of notice on behalf of the respondent – State.
Meanwhile, let the victim minor be examined by the empaneled Doctors at General Hospital, Department of OBGY, Rajpipla – respondent No.3 herein, consisting of Medical Superintendent, Senior Female Gynecologist and Psychologist. The victim should be admitted immediately and medical examination shall be carried out to let this Court know as to whether termination of pregnancy is medically feasible considering the fact that she is allegedly victim of rape and her guardian inclines to terminate her pregnancy. Doctors concerned shall follow settled guidelines to know her mental and psychological preparedness. The investigating ofÏ
