Reproductive choice, including the right to terminate an unwanted pregnancy resulting from sexual assault, is a fundamental component of the right to personal liberty and dignity. Courts may authorize such terminations beyond standard temporal limits when supported by medical opinion to safeguard the mental and physical well-being of survivors.

ORDER :

M. R. MENGDEY, J.

1. The present application has been preferred by the applicant-victim under Articles 226 and 227 of the Constitution of India along with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as under the provisions of the Medical Termination of the Pregnancy Act, 1971, for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged about 19 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 09.04.2026, this Court passed the following order :-

“1. Learned advocate appearing for the petitioner submits that the petitioner is the victim of the offence of rape and because of the incident, she has attained pregnancy and presently, she is carrying the pregnancy of 21 weeks and 2 days. She is not desirous of continuing with the said pregnancy and therefore, wants the same to be terminated medically.

2. Having regard to the same, the team of the doctors at Sola Civil Hospital, Ahmedabad headed by the Head of the Department-Gynecology and other panel doctors shall examine the petitioner for termination of pregnancy and give their opinion with regard to the risk factor involved in medical termination of pregnancy. The examination of the petitioner shall take place on 10.04.2026. The report of examination shall be submitted before this Court on 13.04.2026.

3. It is also made clear that if the petitioner requires any other treatment, the hospital authorities shall look into the same and provide the necessary treatment to her.

4. S.O. to 13.04.2026. Direct Service permitted, today.”

4. Pursuant to the order passed by this Court dated 09.04.2026, the learned APP received a report from the GMERS Medical College and Hospital, Sola, Ahmedabad (Medical Board for Pregnancy Termination) dated 10.4.2026. On perusing the report, it appears that after examining the applicant-victim, the doctors from different branches/ departments found the applicant-victim in good health and carrying a single live intrauterine fetus with gestational age of 21 weeks 06 days. Therefore, they have opined that since the applicant-victim is carrying a live fetus of 21 weeks and 06 days, medical termination of pregnancy can be performed as per the guidelines of the MTP Amendment Act, 2021.

5. Heard learned advocates for the respective parties and considered the opinion/report submitted by the GMERS Medical College and Hospital, Sola, Ahmedabad (Medical Board for Pregnancy Termination) dated 10.04.2026, as well as the written submission by the respondent no.1 - State.

7. On hearing both the sides, this Court has noticed that the applicant-victim is alleged to have been raped by the accused.

8. A panel of doctors have opined that the applicant-victim is already carrying about 21 weeks and 06 days 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.

9. 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.

10. 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 t