ORAL ORDER

1. The present application has been preferred by the applicant-victim under Articles 226 and 227 of the Constitution of India along with Section 482 of the Code of Criminal Procedure, 1973 as well as under the provisions of the Medical Termination of the Pregnancy Act, 1971, in connection with the FIR being No.11216004250558 of 2025 dated 04.12.2025 registered with the Dabhoda Police Station, Gandhinagar for the offences punishable under Sections 137(2) and 87 of the BNS, for a direction to the respondent authority to terminate the pregnancy of the applicant-victim, who is aged about 16 years 02 months and 16 days, at the earliest, which is in the best interest of the victim considering her physical health.

2. On 12.03.2026, this Court passed the following order :-

“1. Learned advocate for the petitioner submitted that the petitioner is the victim of the offence of rape who is aged about 16 years and 02 months and because of the offence she has conceived pregnancy and presently she is pregnant with the foetus of 16 weeks, she is not desirous of maintaining the foetus and giving birth to the child. Having regard to these aspects, let the petitioner be examined by the team of medical experts headed by the Head of the Gynecology Department, GMERS Medical College Attached General Hospital, Gandhinagar on 13.03.2026.

2. The report of examination shall be submitted before this Court on 16.03.2026.

3. Direct service today is permitted.”

3. Pursuant to the order passed by this Court dated 12.03.2026, the learned APP received a report from the Department of Obstetrics and Gynecology GMERS Medical College, Gandhinagar. On perusing the report, it appears that after examining the applicant-victim, the doctors from different branches/ departments, viz. gynecologist, pediatrician, obstetrician, radiologist and medicines, found the applicant- victim in good health and carrying a single live intrauterine fetus with gestational age of 16 weeks 02 days. Therefore, they have opined that since the applicant-victim is carrying a live fetus of 16 weeks and 02 days, medical termination of pregnancy can be performed as per the guidelines of the MTP Amendment Act, 2021, at the Gynec & Obstetric Department of the Hospital. The Medical Board has also suggested two options for the said treatment, viz. (i) Induction method; and (ii) Surgical – Hysterotomy/Cesarean section. Moreover, the Medical Board has also informed about the possible adverse effects out of the said treatment.

4. Heard learned advocates for the respective parties and considered the opinion/report submitted by the Department of Obstetrics and Gynecology GMERS Medical College, Gandhinagar, as well as the written submission by the respondent no.1 - State.

5. On hearing both the sides, this Court has noticed that the applicant-victim is alleged to have been abducted by the accused named in the FIR being No.11216004250558 of 2025 dated 04.12.2025 registered with the Dabhoda Police Station, Gandhinagar for the offences punishable under Sections 137(2)and 87 of the BNS.

6. A panel of doctors have opined that the applicant-victim is already carrying about 16 weeks 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.

7. 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.

8. 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 thu