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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
| Table of Content |
|---|
| 1. application for termination due to mental health concerns. (Para 1 , 2 , 4) |
| 2. medical opinions support the termination procedure. (Para 5 , 6) |
| 3. citing supreme court rulings on mtp and autonomy. (Para 7 , 10) |
| 4. emphasis on the victim's rights in abortion cases. (Para 8 , 9) |
| 5. court's directive for immediate surgical procedure. (Para 11 , 12) |
| 6. conclusion and disposal of the case. (Para 13 , 14) |
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 inj
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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