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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R.MENGDEY
ABC – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. The present application has been preferred by the applicant-victim under Articles 226 and 227 of the Constitution of India along with Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 as well as under the provisions of the Medical Termination of the Pregnancy Act, 1971, in connection with the FIR being No. 11821014251231 of 2025 registered with the Dhanpur Police Station, Dahod for the offences punishable under Sections 137 (2), 87 of BNS , for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged 14 Years and 6 Months, at the earliest, which is in the best interest of the victim considering her physical health and incident of rape causing grave injury to her mental health.
2. On 29.01.2026, this Court passed the following order :-
"1. The present petition is filed by the petitioner being guardian of minor, who is victim of the offence punishable under the provisions of POCSO Act. Earlier, Special Criminal Application No.1729 of 2025 was filed praying for termination of pregnancy. This Court on 23.12.2025 had passed the following order, "Learned advocate appearing for the petitioner submitted that the age of victim
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 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.
The court underscores the significance of mental health for minors and affirms the right to seek medical termination of pregnancy under exceptional circumstances.
The court affirmed the right to reproductive autonomy under Article 21, allowing a minor victim of rape to terminate her pregnancy, emphasizing the importance of her consent and well-being.
The court permitted the termination of a minor's pregnancy beyond the statutory limit due to mental trauma and lack of fetal abnormalities, emphasizing judicial discretion in sensitive cases.
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 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.
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 ....
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