The court upheld the unborn's right to life, denying termination due to statutory limits and emphasizing protections for both the minor victim and the fetus.

ORAL ORDER

[1.0] The father of the victim has approached this Court seeking following relief:-

“Your Lordships may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of the petitioner who is aged 17 years and 05 months, at the earliest, as the same being in the best interest of the victim, considering her very young age, physical health and incident of rape causing grave injury to her mental health and further be pleased to direct the respondent no.3 to handover, in scientific manner, the tissues drawn from the fetus for DNA identification to the Police Inspector, Varachha Police Station, Surat, for onward transmission of the same to the concerned Forensic Science Laboratory, in the interest of justice; ”

[2.0] Since victim of sexual abuse is a minor, her identity has not been disclosed in this order and she has been referred to as the 'minor’ or the ‘victim' in the entire order. Registry is directed to anonymize the name of the minor / victim in the judgment and all orders that may be passed as well as in the records which are publicly available.

[3.0] The facts taken out from the petition, are as under:-

[3.1] The father of the victim, on 29.07.2025 has filed the FIR being CR No.11210060251962 of 2025 with Varachha Police Station, Surat, for the offences punishable under Sections 6 4(2) (I), 64(2)(M) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 , 4, 5(1), 5(j-ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 .

[4.0] On 07.08.2025, this court has passed following order:-

“NOTICE returnable on 08.08.2025. Learned APP waives service of notice on behalf of the respondent – State.

Meanwhile, let the victim minor be examined by the empaneled Doctors at Civil Hospital, Department of OBGY, Civil Hospital, Surat– respondent No.3 herein, consisting of Medical Superintendent, Senior Female Gynecologist and Psychologist. The victim should be admitted immediately and medical examination shall be carried out to let this Court know as to whether termination of pregnancy is medically feasible considering the fact that she is allegedly victim of rape and her guardian inclines to terminate her pregnancy. Doctors concerned shall follow settled guidelines to know her mental and psychological preparedness. Respondent No.3 is specifically directed to opine about the status of the fetus, as the pregnancy is at 26 weeks and 6 days. The authority shall also ascertain the calculative risk and complications to the mother (who is a minor herein), as well as the availability of tertiary care facilities to the mother, except at Ahmedabad, and clarify the risk factors qua the mother in the event the proposed termination of pregnancy is allowed. The Medical Board is also directed to clearly opine as to whether or not the foetus is viable or alive, and whether the foetus has any abnormality or not. The investigating ofÏcer is directed to make all necessary arrangement and facilitate the medical examination of the victim and submit a report before the Court tomorrow. Direct service TODAY is permitted.”

[4.1] Pursuant to the aforesaid order, a committee comprising of Dr. Bindiya Poshtiwala, Assistant Professor, Dr. Dimple Dadarwala, Asst. Professor, and Dr. Anjali Shrivastava, Head of Unit, Dept of Obstetrics and Gynecology, Government Medical College, Surat, on 08.08.2025, opined as under:

“Victim was first examined at SMIMER Surat on 30.07.2025 by Dr. Nidhi Patel (Senior Resident, Dept. of Obstetrics and Gyn. SMIMER, when she was 26 weeks + 06 days pregnant. All samples were taken at SMIMER, Surat.

According to MTP Act, second Trimester Medical Termination of Pregnancy can be done up to 24 weeks of gestation.

As per history, general and obstetric s examination, her vitals were normal, she was well oriented to time, place and person. She has 28 weeks + 01 day of intrauterine pregnancy an