The court underscores the significance of mental health for minors and affirms the right to seek medical termination of pregnancy under exceptional circumstances.

ORDER :

M. R. MENGDEY, J.

1. Rule. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent State.

2. The present application has been preferred by the applicant under Article 226 of the Constitution of India as well as under the provisions of the Medical Termination of the Pregnancy Act, 1971, by the applicant, who is victim of the offence.

3. By filing present application, she has prayed for the following relief, which reads as under:-

“9(A). Your Lordships may be pleased to grant permission to the minor daughter of the applicant – victim of sexual assault, to medically terminate her pregnancy of around 25 weeks, as the continuance of such pregnancy, considering her tender age, physical immaturity and mental trauma would cause grave and irreparable injury to her physical and psychological health and would be contrary to her welfare and dignity guaranteed under Article 21 of the Constitution of India, in the interest of justice.”

4. Learned advocate appearing for the applicant has submitted that the applicant herein was subjected to sexual assault by the accused and because of forcible sexual intercourse, the applicant who is aged about 15 years only attained pregnancy. Having regard to the age of the victim, it would not be in the interest of her to continue with the said pregnancy and continuation of said pregnancy may also result into mental trauma and may also adversely effect her physical and mental health. He has, therefore, submitted that by allowing the present application, the victim may be permitted to terminate pregnancy medically.

5. Learned Additional Public Prosecutor has opposed the grant of present application inter-alia contending that the pregnancy sustained by the victim is old by 25 weeks and as per the law as regards the Medical Termination of Pregnancy, the pregnancy can be terminated up to 24^th week and termination thereafter may adversely affect on the body of the pregnant woman. He has, therefore, submitted that the present application should not be allowed and the same should be dismissed.

Heard learned advocates for the respective parties and perused the material available on record.

6. The Coordinate Bench of this Court on 04.11.2025, had called for the report from Department of Obstetrics and Gynecology, PDU Government Medical College, Rajkot. Accordingly, learned Additional Public Prosecutor has made available a copy of the report submitted by the panel PDU Medical College, Rajkot, which indicates that the victim thoroughly examined by the panel doctors and it is reported that though the pregnancy is of more than 24 weeks, the procedure of MTP can be performed. No serious health hazards to the patient are pointed out.

7. In the case of X vs. Union of India and Another (Miscellaneous Application No.2157 of 2023 in Writ application (Civil) No.1137 of 2023), the Hon’ble Supreme Court has summarised the law regarding the medical termination of pregnancies. In paragraph-13, the Hon’ble Supreme Court has observed thus :

“Medical termination of pregnancies

13. The termination of pregnancies is governed by the MTP Act and the rules framed under it. The MTP Act is a progressive legislation which regulates the manner in which pregnancies may be terminated. Section 3 spells out certain conditions which must be satisfied before a pregnancy can be terminated. The conditions depend upon the length of the pregnancy. Where the length of the pregnancy does not exceed twenty weeks, one Registered Medical Practitioner must be of the opinion, for