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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
ACB (Victim) – Appellant
Versus
State Of Gujarat – Respondent
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 anony
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.
The court recognized the importance of a minor's mental health in allowing medical termination of pregnancy resulting from rape, reinforcing the rights of victims under the MTP Act.
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....
Rape - Termination of pregnancy - Right of privacy of petitioner, medical reports, and bearing in mind best interest principle, petition deserves to be allowed as prayed for only with a view to save ....
The court affirmed that a victim's right to terminate a pregnancy due to rape is protected under the MTP Act, emphasizing the importance of mental health and autonomy in such decisions.
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