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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R.MENGDEY
ABC – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. application for termination of pregnancy for a minor. (Para 1 , 2) |
| 2. medical committee's report on termination eligibility. (Para 3 , 4) |
| 3. court's acknowledgment of rape and resulting pregnancy. (Para 5 , 6) |
| 4. legal basis for termination under mtp act. (Para 7 , 8 , 9) |
| 5. victim's right to terminate for mental health. (Para 10 , 11) |
| 6. court's orders for termination and follow-up. (Para 12 , 13 , 14 , 15) |
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 C
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.
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