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.

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 schizophrenia and her current IDEAS scale score is 13 suggestive of moderate disability (approx. 70%). At present she may not be able to take care of her baby and herself. Risk of complication of termination of pregnancy at 25 weeks 2 days includes retained product of conception, bleeding, infection, uterine rupture, failure of termination and may need for surgical intervention (hysterotomy) and psychological complication.

3. Heard learned advocates for the respective parties and considered the opinion/report submitted by the Obstetrics & Gynec Department, SMIMER, Surat.

4. On hearing both the sides, this Court has noticed that the applicant-victim is alleged to have been raped by the accused named in 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.

5. A panel of doctors have opined that the applicant-victim is already carrying about 25 weeks and 2 days of pregnancy with a specific report/opinion of the empaneled doctors that medical termination of pregnancy can be performed as per the guidelines of the MTP Amendment Act, 2021.

6. Learned APP has urged before this Court that the Court may, in a given set of circumstances, issue a direction for termination of pregnancy. However, the tissues from the fetus may be directed to be handed over for the purpose of DNA sampling in a scientific manner to the Investigating Officer.

7. In the case of X vs. Union of India and Another (Miscellaneous Application No.2157 of 2023 in Writ Petition (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, formed in good faith, that:

a. The continuance of the pregnancy would