Termination of pregnancy exceeding 24 weeks is not permitted without substantial fetal abnormalities or immediate life threats, emphasizing fetal rights.

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 16 years and 06 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 hand over, in scientific manner, the tissues drawn from the fetus for DNA identification to the Police Inspector, Sector-8 Police Station, Gandhinagar 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 18.07.2025 has filed the FIR being CR No.11216008250486 of 2025 with Sector-7 Police Station, District Gandhinagar for the offences punishable under Sections 137 (2), 97 and 64 of the Bharatiya Nyaya Sanhita , 2023 and sections 4 and 6 of the Protection of Children from Sexual Offences Act , 2012.

[4.0] On 29.07.2025, this court has passed following order:-

“NOTICE returnable on 29.07.2025. Learned APP waives service of notice on behalf of the respondent – State.

Meanwhile, let the victim minor be examined by the empaneled Doctors at General Hospital, Department of OBGY, GMERS Medical College & General Hospital, Gandhinagar – 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. The investigating officer 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. Anjali Prajapati, Assistant Professor OBGYN, GMERS Medical College, Gandhinagar; Dr. Runoo Ghosh, Assistant Professor OBGYN, GMERS Medical College, Gandhinagar; Dr. Meghavini Parmar, Assistant Professor OBGYN, GMERS Medical College, Gandhinagar; Mehul Panchal, Clinical Psychologist, GMERS Medical College, Gandhinagar and Dr. Meeta Parikh, Medical Superintendent, GMERS Medical College, Gandhinagar on

28.07.2025, opined as under:

“After carefully reviewing the case history and detailed examination, the concerned panel is of the following opinion-

Patient’s LMP (Last Menstrual Period) is not known and according to USG done on 23^rd July 2025 in Department of Radiology, GMERS, Gandhinagar, patient is having single live intrauterine fetus of 26 weeks 4 days (according to abdominal circumference).

• Allied fitness of paediatric, psychiatry and anaesthesia departments has been obtained. As patient is anaemic (Haemoglobin level-9.5 gm/dl on 19^th July 2025) correction of anemia has been done. 1 unit of RCC has been transfused for the same. Her Hemoglobin in 10 gm/dl as of today.

• Fitness of psychologist and psychiatrist has also been obtained.

• Patient is minor and alleged victim of rape.

• As per the MTP Act amendment 25^th March 2021, termination of pregnancy can b