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 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.11191038260212 of 2026 dated 26.03.2026 registered with the Vatva Police Station, Ahmedabad City for the offences punishable under Sections 137(2) of the BNS, 2023 for a direction to the respondent authority to terminate the pregnancy of the applicant-victim who is aged about 16 years 03 months, 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 27.04.2026, this Court passed the following order :-

“1. Learned advocate for the petitioner submitted that the petitioner herein is aged 16 years and 3 months and is the victim of offence of rape. As a consequence, the petitioner has attained the pregnancy and presently she is pregnant by 22 weeks, and therefore, she is not in a position to continue the pregnancy any further and is desirous of getting the pregnancy terminated medically.

2. In view of the above, Medical Officer of Civil Hospital, Ahmedabad shall constitute a committee consisting of 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, Ahmedabad on 28.4.2026. The Committee shall submit its report as regards the termination of pregnancy before this Court on 29.04.2026.

3. S.O. to 29.4.2026. Direct service is permitted TODAY.”

3. Pursuant to the order passed by this Court dated 27.04.2026, the learned APP received a report from the Obstetrics and Gynecology Department, B.J. Medical College, Ahmedabad dated 29.04.2026. On perusing the report, it appears that after examining the applicant-victim, the doctors from different branches/departments found the applicant-victim carrying a single live intrauterine fetus with gestational age of 22 weeks 04 days. Further, they have opined that termination of pregnancy in this victim can be done with usual risks of Second trimester procedure. If needed surgical intervention, risk of anesthetic complication can occur.

4. Heard learned advocates for the respective parties and considered the opinion/report submitted by the Obstetrics and Gynecology Department, B.J. Medical College, Ahmedabad.

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 No.11191038260212 of 2026 dated 26.03.2026 registered with the Vatva Police Station, Ahmedabad City for the offences punishable under Sections 137(2) of the BNS, 2023.

6. A panel of doctors have opined that the applicant-victim is already carrying about 22 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 thus :

“Medical termination of pregnancies

13. The termination of pregnancies is governed by the MTP Act and the rules framed under it. The MTP Act is a progressive legislation which