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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R.MENGDEY
... Thro. Her Natural Guardian Mother Halimabibi Pirmohammad Battiwala – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
M.R.MENGDEY, J.
1. The present application has been preferred by the applicant-victim under Article 226 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.11210005260109 of 2026 dated 31.01.2026 registered with the Athwalines Police Station, Surat for the offences punishable under Sections 63 , 64(2)(I), 64(2)(K) of the Bhartiya Nyaya Sanhita, 2023, for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged about 32 years, 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. Learned APP received a report from the Obstetrics & Gynec Department, SMIMER, Surat dated 04.02.2026. On perusing the report, it appears that after examining the applicant-victim, the doctors from different branches/ departments found that applicant-victim is having 25 weeks and 2 days of live pregnancy at present and as per the psychiatrist opinion, her provisional diagnosis is schizo
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 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 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 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.
Termination of pregnancy beyond 24 weeks is permissible under specific conditions for minors when facing severe health risks, as affirmed by medical evaluation and consent of guardians.
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.
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