Reproductive autonomy is an integral component of the right to personal liberty. In cases of sexual assault, the resulting psychological trauma and threat to physical well-being justify judicial intervention to permit medical termination of pregnancy beyond statutory gestation limits, provided the procedure is medically safe.

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 582 of the Code 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. 11206062260116 of 2026 registered with the Satlasana Police Station, Mahesana for the offences punishable under Sections 87, 64(2)(m) of the Bharatiya Nyaya Sanhita, Sections 4 , 5(L), 5(j)2, 6, 8, 12 of the Protection of Children from Sexual Offences Act for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged 16 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. On 1.04.2026, this Court passed the following order :-

“1. Learned advocate for the petitioner submitted that the petitioner herein is aged 16 years and is the victim of the offence punishable under the provisions of POCSO Act and because of the offence, the petitioner has attained pregnancy of 23 weeks and 6 days and having regard to the fact that in view of the petitioner, she is not in a position to bear the pregnancy any more and she desirous of getting the pregnancy to be terminated medically.

2. In view of the above, Civil Surgeon of GMERS Civil Hospital, Mehsana shall constitute a committee consisting the Head of the Department of Gynecology as well as other experts who will examine the petitioner on the aspect of termination of pregnancy and shall also indicate the risk in termination of pregnancy. The petitioner shall appear before the committee to be constituted by the Civil Hospital, Mehsana, on 02.04.2026. The Committee shall submit its report as regards the termination of pregnancy before this Court on 06.04.2026.”

3. Pursuant to the order passed by this Court dated 1.04.2026, the learned APP received a report from the Committee – Medical Superintendent GMERS General Hospital, Vadnagar, Mahesana dated 2.04.2026 and produced before this Court today. The said report is ordered to be taken on record. On perusing the report, it appears that after examining the applicant-victim, the doctors from different branches/ departments, viz. gynecologist, psychiatrist, physician and radiologist found the applicant-victim’s pregnancy is 25 weeks and 3 days, so termination of pregnancy can be done as per MTP Act.

4. Heard learned Advocates for the respective parties and considered the opinion/report submitted by the Committee dated 2.04.2026.

5. 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 11206062260116 of 2026 registered with the Satlasana Police Station, Mahesana.

6. A panel of doctors have opined that the applicant-victim is already carrying about 25 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, 1971.

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 Appli