While dealing with a sensitive and urgent plea filed on behalf of a 13-year-old rape survivor seeking permission for medical termination of pregnancy (MTP) at an advanced stage of gestation, The Gujarat High Court held that the minor had her whole life ahead of her and must not be burdened with an unwanted pregnancy that arose from a criminal act.
The petitioner, through her legal guardian, approached the High Court under Article 226 of the Constitution, challenging the earlier order of the Special POCSO Court, praying for urgent medical intervention, citing serious risks to the minor’s physical and mental health.
This judgment underscores the constitutional and statutory rights of rape survivors, particularly minors, to seek medical termination even at advanced stages of pregnancy where it is medically justified. It also highlights the judiciary’s role in upholding the rights to dignity, bodily autonomy, and health of child victims, while ensuring that procedural safeguards and expert medical opinions guide such critical decisions.
The criminal case arises from the incident registered at ‘B’ Division Police Station, Rajkot City, under Sections 351(3), 64(2)(m), and 65(1) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 12, 4, 6, and 8 of the Protection of Children from Sexual Offences (POCSO) Act. The petitioner’s counsel submitted that the victim, a child of tender age, was subjected to sexual assault resulting in pregnancy, and that continuing the pregnancy would impose immense mental trauma and physical danger, especially considering her minor status and the fact that she suffers from mild intellectual disability.
Pursuant to the Court’s direction, the victim was examined by a five-member panel of medical specialists at Shri Pandit Dindayal Upadhyay General Hospital, Rajkot. The panel comprised a gynaecologist, paediatrician, psychiatrist, physician, and radiologist. The gynaecologist reported that the gestational age was approximately 33 weeks, and while termination was medically possible, it carried significant risks & complications, and even maternal mortality. The paediatrician noted that the foetus was viable but at risk of neonatal complications, including respiratory distress and septicaemia due to prematurity. The psychiatrist highlighted the victim’s psychological vulnerability and advised that MTP was in her best interest. The physician found the girl to be moderately anaemic with an Hb level of 9.0 gm%, and stated that anaemia correction was a precondition for safe termination.
The Court, presided by Justice Nirzar S. Desai, considered the medical report and observed that the minor’s age, psychological state, and the trauma of rape required the Court to prioritize her welfare. The Court held that although the pregnancy had reached an advanced stage, the medical board's opinion supported termination with necessary precautions and guardian consent. The judge remarked that the minor had her whole life ahead of her and must not be burdened with an unwanted pregnancy that arose from a criminal act.
Accordingly, the Court directed the Medical Superintendent of PDU Hospital, Rajkot, to take all necessary measures to facilitate safe termination of pregnancy after explaining the medical risks to the guardian in a language they could understand, and only after obtaining informed written consent.
The Court further instructed the hospital to ensure the availability of blood, emergency care, and expert supervision during the procedure. The petition was disposed of with directions to proceed with the termination at the earliest possible, preferably on the same day, considering the minor’s condition.
Case title: ABC v/s State of Gujarat and Others
Case No.: R/Special Criminal Application (Direction) No. 7065 Of 2025
Coram: Hon’ble Justice Nirzar S. Desai
Counsel for Applicant: Adv. Pv Patadiya
Counsel for Respondent: Adv. Megha Chitaliya, Public Prosecutor
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