The right to terminate a pregnancy resulting from sexual assault is an essential component of individual bodily autonomy and personal liberty under the Constitution. Medical termination is permissible when the continuation of such pregnancy poses a threat to the physical or mental health of the survivor.

ORDER :

M.R. MENGDEY, J.

1. The present application has been preferred by the applicant-victim under Article 226 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, in connection with the complaint submitted to the Police Inspector, Sabarmati Police Station, Ahmedabad City, for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged about 17 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 09.042026, this Court passed the following order :-

“1. Learned advocate appearing for the petitioner submits that the petitioner herein is aged about 17 years and is the victim of the offence of rape and because of the same, she had attained pregnancy which she is not desirous of continuing with and wants the same 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 consisting other expert 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. 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 13.04.2026. 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 intrauterine early pregnancy of 05 weeks 06 days. Therefore, they have opined that since the applicant-victim is carrying an early pregnancy of 05 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 13.04.2026, 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 named in the complaint submitted before the Police Inspector, Sabarmati Police Station, Ahmedabad City.

8. A panel of doctors have opined that the applicant-victim is already carrying about 05 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.

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 the law regarding the medical termination of pregnancies. In paragraph-13, the Hon’ble Supreme