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.

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 is 14 years and 6 months and she is the victim of the offence of POCSO Act and rape, and because of the same, she has attained pregnancy. She is presently pregnant of 8 weeks and she is desirous of not continuing with the same pregnancy and wants to get this pregnancy terminated medically and therefore the permission of this court is sought for. The victim shall appear before the committee consisting of the Head of the Department of Gynecology Civil hospital Dahod. The committee shall also consist of the other expert and Doctors who shall examine the victim as regards the termination of pregnancy on 24.12.2025 and the committee shall submit its report as regards the risk this factor involved in termination of pregnancy before this court on 26.12.2026."

2. Thereafter, the said petition came to be withdrawn by the petitioner since the victim was abducted by unknown person and therefore, separate F.I.R. in that regard had been lodged. Now, the victim has found out and still she wants to reside with parents.

Having regard to the same, Civil Surgeon of Civil Hospital, Dahod shall constitute a committee consisting himself and the Head of the Department of Gynecology as well as other experts, who will examine the victim having eight weeks pregnancy on the aspect of termination of pregnancy and shall also indicate the risk in termination of pregnancy. The victim shall appear before the committee to be constituted by the Civil Hospital, Dahod on 30.01.2026. The Committee shall submit its report as regards the termination of pregnancy before this Court on 02.02.2026.

S.O. to 02.02.2026.

Direct service is permitted TODAY."

3. Pursuant to the order passed by this Court dated 29.01.2026, the learned APP received a report from the Committee – Assistant Professor, Professor and Senior Resident, dated 31.01.2026 and produced before this Court today. The said report is ordered to be taken on record. On perusing the report, it appears that after examining the applicant-victim, the doctors from different branches/ departments, viz. gynaecologist, psychiatrist, physician and radiologist found the applicant-victim’s pregnancy is 15 weeks, so termination of pregnancy can be done as per MTP Act.

4. Heard learned Advocates for the respective parties and considered the opinion/report submitted by the Committee, Associate Professor, Department of Pediatrics, Zydus