Gujarat High Court
X vs State Of Gujarat on 22 July, 2025
NEUTRAL CITATION
R/SCR.A/10378/2025 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 10378 of 2025
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X
Versus
STATE OF GUJARAT & ORS.
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Appearance:
DARSHAN M VARANDANI(7357) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
MR. YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 22/07/2025
ORAL ORDER
[1.0] The father of the victim has approached this Court seeking
following relief:-
"Your Lordships may be pleased to issue a writ of
mandamus or a writ in nature of mandamus or any other
appropriate writ, order(s) or direction(s) directing to the
respondent No.2 authority to terminate the pregnancy of
the petitioner/victim girl, at the earliest, as the
continuation of pregnancy would cause grave injury to
the petitioner/victim as required under the provisions of
the Medical Termination of Pregnancy Act, 1971, in the
larger 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.
[3.0] The facts taken out from the petition, are as under:-
NEUTRAL CITATION
R/SCR.A/10378/2025 ORDER DATED: 22/07/2025
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[3.1] The applicant (aged 17 years, 8 months), was residing at a
women's shelter in Bhuj when she complained of stomach pain.
On 08.07.2024, she was taken to G.K. General Hospital, Bhuj,
where her pregnancy was confirmed, and an MLC was registered,
bringing the incident to the knowledge of her father. The victim
has disclosed that Umersha alias Batuk Osman Sheikh gained
her trust under the pretext of helping her and her mother with
shelter and groceries, and thereafter forcibly established sexual
relations with her against her will on multiple occasions, despite
her resistance and under threats. Thereafter on 08.07.2025, a
compliant was registered at Bhuj City B Division Police Station,
Kachchh West Bhuj under Sections 64(2)(m) of the BNSS and 3a,
4, 5(L) and 6 of the POCSO Act. Thereafter on the same day, the
applicant was taken for the medical examination to GAIMS,
Gujarat Adani Institute of Medical Sciences, GK General Hospital
and examination was done and from the medical examination, it
reveals that the victim has conceived fetus.
[4.0] On 21.07.2025, this court has passed following order:-
"NOTICE returnable on 22.07.2025. 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, G.K. General Hospital, GAIMS Campus, Bhuj
370001 - respondent No.2 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. The investigating officer is directed to make
all necessary arrangement and facilitate the medical
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R/SCR.A/10378/2025 ORDER DATED: 22/07/2025
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examination of the victim and submit a report before the
Court tomorrow.
Direct service TODAY is permitted."
[5.0] Learned advocate for the petitioner, after reiterating the
fact 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 Bhuj City B Division Police Station, Kachchh
West Bhuj. It is further submitted that the minor has developed
pregnancy of six plus weeks as on the date of the application. 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 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] Section 3 of the Medical Termination of Pregnancy Act,
1971 (in short "the Act") reads as under:-
"SECTION 3: When pregnancies may be terminated by
registered medical practitioners
(1) Notwithstanding anything contained in the Indian
Penal Code, a registered medical practitioner shall not be
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R/SCR.A/10378/2025 ORDER DATED: 22/07/2025
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guilty of any offence under that Code or under any other
law for the time being in force, if any pregnancy is
terminated by him in accordance with the provisions of
this Act.
(2) Subject to the provisions of sub-section (4), a
pregnancy may be terminated by a registered medical
practitioner-
(a) where the length of the pregnancy does not exceed
twelve weeks, if such medical practitioner is, or
(b) where the length of the pregnancy exceeds twelve
weeks but does not exceed twenty weeks, if not less
than two registered medical practitioners are, of opinion,
formed in good faith, that-
(i) the continuance of the pregnancy would involve a risk
to the life of the pregnant woman or of grave injury to her
physical or mental health; or
(ii) there is a substantial risk that if the child were born,
it would suffer from such physical or mental
abnormalities as to be seriously handicapped.
Explanation 1. Where any pregnancy is alleged by the
pregnant woman to have been caused by rape, the
anguish caused by such pregnancy shall be presumed to
constitute a grave injury to the mental health of the
pregnant woman.
Explanation 2. Where any pregnancy occurs as a result
of failure of any device or method used by any married
woman or her husband for the purpose of limiting the
number of children the anguish caused by such
unwanted pregnancy may be presumed to constitute a
grave injury to the mental health of the pregnant woman.
(3) In determining whether the continuance of a
pregnancy would involve such risk of injury to the health
as is mentioned in subsection (2), account may be taken
of the pregnant woman's actual or reasonably
foreseeable environment.
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(a) No pregnancy of a woman, who has not attained the
age of eighteen years, or, who, having attained the age of
eighteen years, is a ["mentally ill person"] , shall be
terminated except with the consent in writing of her
guardian.
(b) Save as otherwise provided in clause (a), no
pregnancy shall be terminated except with the consent of
the pregnant woman."
[7.0] Before proceeding further to decision on issue, let refer
opinion of the medical experts, which reads as under:-
"Termination of pregnancy is advised in this case as she
is a victim, continuation of pregnancy may harm the
physical and mental health of the patient. Due to age
factor there may be a minor risk of bleeding and retained
products of conception. Other than that there are no
other major risks and patient is fit for termination."
[8.0] It is opined that due to the age factor, there may be a
minor risk of bleeding and retained products of conception;
however, this risk is minimal and can be managed with proper
medication. Otherwise, there is nothing adverse in allowing the
termination of pregnancy, as it is in the best interest of the
victim, considering her bodily autonomy and the wishes of the
victim and her guardian as to whether to continue or terminate
the pregnancy.
[9.0] Explanation to the statutory provision u/s 3(2) of the Act
spells that where any pregnancy is alleged by the pregnant
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woman to have been caused by rape, the anguish caused by
such pregnancy shall be presumed to constitute a grave injury to
the mental health of the pregnant minor woman.
[10.0] In the case of X vs. Union of India reported in
2023(0) AIJEL-SC 72615, it has been observed in paragraph 14
as under:
"14. Where the length of the pregnancy exceeds
twenty weeks but does not exceed twenty-four weeks,
two RMPs must be of the opinion discussed in the
preceding paragraph.11 The categories of women
where a pregnancy beyond 20 weeks and up to 24
weeks may be terminated are permitted to be
prescribed by rules made by the delegate of the
legislature. Rule 3B of the MTP Rules (as amended in
2021) provides grounds for the termination of a
pregnancy up to twenty-four weeks. The termination
may be allowed in the following cases or for the
following persons:
a. Survivors of sexual assault or rape or incest;
b. Minors;
c. xxx
[11.0] In the facts and circumstances of the case on hand,
present case falls under the purview of Section 3(B) of the MTP
Rules, 2021 and this court finds that the right of bodily integrity
calls for a permission to allow her to terminate her pregnancy.
The opinion of the Doctors clearly warrant the inference that the
continuance of the pregnancy involves the risk of a possible
grave injury to her mental health as required by Section 3(2)(i) of
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the Act. Section 5 of the Act permits termination of pregnancy
beyond 20 weeks. The courts have expansively interpreting
section 5 of the Act, to permit termination of pregnancy beyond
20 weeks, in circumstances where it is considered imperative to
save life of the victim herein pregnancy of six weeks. Rule 3(b) of
Medical Termination Pregnancy Rules, 2023 may also be pressed
into service. One should not forget that the victim is minor. The
Medical Board has opined possitively. In these circumstances, it
would be poignant to continue with the pregnancy for the minor,
which is involuntary in nature. The unwillingness of parents
and minor to continue the pregnancy is explicit and expected
trauma both physical and mental shall be increased if such
pregnancy is allowed to continue and may cause major risk to
the body of the minor. In fact, it is her right to terminate the
unwanted pregnancy. Therefore, it would be just and proper to
permit termination of the pregnancy under the provisions of the
Act.
[12.0] At this stage, the Court has considered the decision
wherein 'the best interest' of the victim girl and considering her
trauma, mental agony and possibility of social ostracism, the
Court is of opinion that when the medical opinion given by the
Panel of Doctors is taken into consideration, let termination of
pregnancy be carried out at the earliest with medical facilities
available to the victim girl and on ensuring proper care in pre-
termination and post termination period.
[13.0] For the foregoing reasons, this petition is allowed in
terms of permitting termination of the pregnancy of the minor to
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R/SCR.A/10378/2025 ORDER DATED: 22/07/2025
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be carried out by the concerned Civil Hospital, Bhuj at the
earliest with medical facilities available to the victim girl and on
ensuring proper care in pre-termination and post-termination
period since present victim is having six weeks pregnancy as of
now. The Doctors performing termination procedure shall take
necessary tissue from the fetus for DNA identification in
scientific manner and shall hand it over to the Investigating
Officer concerned for onward transmission of the same to the
concerned FSL for analysis. If post termination of pregnancy,
the victim requires to take treatment, the concerned Civil
Hospital is directed to provide all necessary treatment and
facility.
[14.0] With above observations and directions, present
petition stands disposed of. Direct service TODAY is
permitted.
[15.0] Copy of this order also be provided to learned APP for
onward transmission to the concerned Civil Hospital and the
concerned Investigating Officer for taking necessary action.
(HASMUKH D. SUTHAR,J)
ALI
