Gujarat High Court
Abc vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/SCR.A/10210/2025 ORDER DATED: 21/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 10210 of 2025
==========================================================
ABC
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR PV PATADIYA(5924) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
MR ROHAN SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/07/2025
ORAL ORDER
[1.0] The mother of the victim has approached this Court seeking
following relief:-
"Your Lordships may be pleased to issue appropriate writ or
order or direction to the respondent authority to terminate the
pregnancy of the petitioner who is aged 17 years 01 months
and 16 days, at the earliest, as the same being in the best
interest of the victim, considering her very young age, physical
health and incident of rape causing grave injury to her mental
health and further be pleased to direct the respondent no.3 to
hand over, in scientific manner, the tissues drawn from the
fetus for DNA identification to the Police Inspector, Detroj
Police Station, Ahmedabad (Rural) for onward transmission of
the same to the concerned Forensic Science Laboratory, in the
interest of justice; "
[2.0] Since victim of sexual abuse is a minor, her identity has not
been disclosed in this order and she has been referred to as the
'minor' or the 'victim' in the entire order. Registry is directed to
anonymize the name of the minor / victim in the judgment and all
orders that may be passed as well as in the records which are
publicly available.
NEUTRAL CITATION
R/SCR.A/10210/2025 ORDER DATED: 21/07/2025
undefined
[3.0] The facts taken out from the petition, are as under:-
[3.1] The mother of the victim, on 12.07.2025 has filed the FIR
being CR No.11192017250273 of 2025 with Detroj Police Station,
Ahmedabad (Rural) for the offences punishable under Sections
64(2)(i), 75(1)(ii), 75(2) and 76 of the Bharatiya Nyaya Sanhita,
2023 and sections 4, 5(j), 2, 6, 8 and 12 of the Protection of
Children from Sexual Offences Act, 2012.
[4.0] On 18.07.2025, this court has passed following order:-
"NOTICE returnable on 21.07.2025. Learned APP waives
service of notice on behalf of the respondent - State.
Meanwhile, let the victim minor be examined by the
empaneled Doctors at General Hospital, Department of
OBGY, GMERS General Hospital, Sola Ahmedabad -
respondent No.3 herein, consisting of Medical
Superintendent, Senior Female Gynecologist and
Psychologist. The victim should be admitted immediately
and medical examination shall be carried out to let this
Court know as to whether termination of pregnancy is
medically feasible considering the fact that she is
allegedly victim of rape and her guardian inclines to
terminate her pregnancy. Doctors concerned shall follow
settled guidelines to know her mental and psychological
preparedness. Respondent No.3 is specifically directed to
opine about the status of the fetus, as the pregnancy is
at 32 weeks. The authority shall also ascertain the
calculative risk and complications to the mother (who is
a minor herein), as well as the availability of tertiary care
facilities to the mother, except at Ahmedabad, and
clarify the risk factors qua the mother in the event the
proposed termination of pregnancy is allowed. The
Medical Board is also directed to clearly opine as to
whether or not the foetus is viable or alive, and whether
the foetus has any abnormality or not. The investigating
officer is directed to make all necessary arrangement
and facilitate the medical examination of the victim and
NEUTRAL CITATION
R/SCR.A/10210/2025 ORDER DATED: 21/07/2025
undefined
submit a report before the Court tomorrow.
Direct service TODAY is permitted."
[4.1] Pursuant to the aforesaid order, a committee comprising of
Dr. Mayur Gandhi, Professor and HOD, GMERS Medical College,
Sola, Ahmedabad; Dr. Latika Mehta, Assistant Professor, GMERS
Medical College, Sola, Ahmedabad and Dr. Spruha Thakkar,
Assistant Professor, GMERS Medical College, Sola, Ahmedabad
on 18.07.2025, opined as under:
"After carefully reviewing the case history and detailed
examination, the concerned committee is of the following
opinion-
Patient's LMP (Last Menstrual Period) is not known and
according to USG done on 17/07/2025 in Department of
Radiology, GMERS, Sola, patient is having single live
intrauterine fetus of 31 weeks 4 days.
Allied fitness of paediatrics, psychiatry and anaesthesia
departments has been obtained.
Patient is minor and alleged victim of rape.
As per MTP Act amendment 25th March 2021, termination
of pregnancy can be done upto 24 weeks and patient's
pregnancy is beyond 24 weeks.
However if decision of termination of pregnancy is taken,
pregnancy can be termianted with following maternal and
foetal risks -
Risk associated with induction of preterm labour,
abnormal uterine action, failure of induction or
progression of labour, in which case caesarean delivery
will be required which is associated with its own
morbidity, mortality and anaesthetic risks.
Termination at this gestation increases risk of infection,
excessive blood loss, amniotic fluid embolism and can be
NEUTRAL CITATION
R/SCR.A/10210/2025 ORDER DATED: 21/07/2025
undefined
come life threatening.
Termination may result in live born foetus as pregnancy
has crossed the age of viability and baby may suffer
morbid conditions associated with prematurity which will
require long term stay in neonatal care unit and
treatment.
Appropriate guidelines need to be provided for the
custody of the newborn.
Informed consent of the patient and her guardian will be
required for performing termination of pregnancy after
explaining the entire likely outcome and risks.
Appropriate guidelines need to be provided and provisions
made for testing of foetus for paternity.
[5.0] Learned advocate for the petitioner, after reiterating the
facts of the case would submit that the minor is the victim of
sexual abuse, she is the victim of alleged offence of rape
registered with Detroj Police Station, Ahmedabad (Rural). It is
further submitted that the minor has developed pregnancy of 31
plus weeks as on the date of the petition. It is painfully
submitted that she was sexually abused by the accused. It is
further submitted that because of the sexual abuse, the minor
has become pregnant and continuance of pregnancy would
defame her in the society. It is also submitted that the minor
would not be in a position to maintain the child as her mental and
physical conditions are too feeble and weak and she is not fit
either physically or mentally due to the incident in question. She
is in trauma being result of the incident. It is also stated that
considering the immature age of the minor, it is neither possible
nor permissible to nurture and maintain the child and also
NEUTRAL CITATION
R/SCR.A/10210/2025 ORDER DATED: 21/07/2025
undefined
considering that such aspect will tarnish the image and
reputation in the society, it is urged to permit to terminate her
pregnancy in accordance with law.
[6.0] As noticed above and as per the report submitted by the
Medical Board, pregnancy of the victim is of 31 weeks 4 days 4
days of gestation and there are signs of viability in the newborn
baby and if the baby is delivered live, then the chances of
premature and associated complications cannot be ruled out. The
foetus is live intrauterine foetus with no obvious gross structural
defects or soft makers for chromosomal abnormalities. In view of
the above, considering the fact that foetus is live and pregnancy
has crossed 31 weeks and 4 days, medical termination of the
pregnancy cannot be permitted for the following reasons:
(1) Having crossed the statutory limit of twenty-four weeks,
the requirements in either of Section 3(2B) or Section 5 must be
met;
(2) There are no "substantial foetal abnormalities" diagnosed
by a Medical Board in this case, in terms of Section 3(2B). This
Court called for a medical report from Medical Board to ensure
that the facts of the case were accurately placed before it and no
foetal abnormality was detected; and
(3) The report submitted by the Medical Board does not
indicate that termination is immediately necessary to save the
life of the petitioner, in terms of Section 5.
NEUTRAL CITATION
R/SCR.A/10210/2025 ORDER DATED: 21/07/2025
undefined
(4) The health and risk factor of the mother (herein, minor) and
even unborn child has right to proper care and nutrition as and
when it is fertilized and has a right of protection from unlawful
killing and if termination of such alive foetus is permitted, it
would be nothing but foeticide. Though there is no absolute legal
status or right recognized by the law, however the Court has to
consider the constitutional guarantees of right to live for all
human being which obviously includes unborn also in some
situation.
Herein, considering the aforesaid facts, though victim is
minor having no one with her except her old aged mother to take
care of her, this Court with due sympathy and respect to victim
with heavy heart is of the opinion that termination of pregnancy
as sought for cannot be permitted as it will lead to commission of
another offence of foeticide.
[7.0] For the aforesaid reasons and in view of the decision of the
Hon'ble Supreme Court in the case of X vs. Union of India
Another reported in 2023 INSC 919, I do not accede to the
prayer of the petitioner for medical termination of the
pregnancy.
[8.0] Hence, present petition is disposed of with following
directions:
(i) GMERS Medical College, Sola, Ahmedabad shall have
to take appropriate steps for follow up of the health of
minor victim till she delivers the child. Special treatment to
NEUTRAL CITATION
R/SCR.A/10210/2025 ORDER DATED: 21/07/2025
undefined
new born child is also ordered to be provided including
neonatal care as per the requirement for better growth
and health of new born child.
(ii) Periodical health check-up of minor victim and new
born child should be undertaken by the medical expert.
(iii) After ascertaining the wish of minor victim and
physical condition of new born child, custody of new born
child be handed over to Specialized Adoption Agency,
Ahmedabad, in the supervision of the Child Welfare
Committee.
(iv) After ascertaining the wish of minor victim if she do
not want to reside alongwith her family members then the
concerned Investigating Officer is directed to make
appropriate arrangement to shift the minor victim to Nari
Sarankshan Gruh, Ahmedabad, which shall in turn take care
for her better future including to provide educational or
vocational training to the minor victim as per the wish of
the minor victim.
(v) The State Government to pay all the medical costs of
delivery including expenses towards treatment and
nutrition of the victim and new born child and all post-
partem expenses for a period of six months.
(vi) The District Legal Services Authority is directed to
take appropriate steps to provide interim compensation as
early as possible to minor victim after following due
process under the Victim Compensation Scheme.
NEUTRAL CITATION
R/SCR.A/10210/2025 ORDER DATED: 21/07/2025
undefined
(vii) The Secretary, District Legal Services Authority is
directed to supervise all the aforesaid directions till the
victim delivers and hand over the child for adoption to the
Specialized Adoption Agency, Ahmedabad.
[9.0] With aforesaid observations and directions, present
petition is disposed of. Notice is hereby discharged.
(HASMUKH D. SUTHAR, J.)
Ajay
