Gujarat High Court
Xyz vs State Of Gujarat on 18 September, 2025
NEUTRAL CITATION
R/CR.MA/18801/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR DIRECTION) NO. 18801 of
2025
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XYZ & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HARDIK D MUCHHALA(5634) for the Applicant(s) No. 1,2,3
DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 18/09/2025
ORAL ORDER
1) The petitioner has approached this Court seeking following relief:-
"Your Lordships may be pleased to issue appropriarte writ or
order or direction to the respondent authority to terminate the
pregnancy of petitioner No.1 at the earliest, as the same being in
best interest of the petitioner No.1 considering her young age,
physically health causing grave injury to her mental health in the
interest of justice."
2) Considering the petitoner's right to privacy, her identity has not
been disclosed in this order and she has been referred to as the
petitioner in the entire order. Registry is directed to anonymize
the name of the petitioner in the judgment and all orders that may
be passed as well as in the records which are publicly available.
3) The facts taken out from the petition, are that the petitioner No.1
is doing singing work since last 8 years and she is suffering from
epileptic seizures (fits) since last 15 years, whereas, she used to
travel with her friend circle for the singing evenmts and developed
physical relationship with her consent and not by using any
force/pressure /threats. That she came to know about the
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pregnancy and therefore she informed the same to her mother.
Thereafter, they have primilary taken treatment of checkup at
Jivraj Mehta Hospital, Ahmedabad and since the petitioner No.1 do
not want to carry the child and wanted abortion so she went to
Civil Hospital, Sola, Ahmedabad but the same was not permitted as
the pregnancy has reached beyond 20 weeks and in those
circumstances, she lodged Janva Jog Entry with Vasna Police
staiton on 26.08.2025.
4) Learned advocate Mr. Hardik Muchhala for the petitioner, after
reiterating the fact of the case would submit that the petitioner
has developed pregnancy of 24 plus weeks as on the date of the
application. It is also submitted that the petitioner would not be in
a position to maintain the child as she is not fit either physically or
mentally. It is also stated that considering the financial condition
of the petitioner, 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.
5) The petitioner present in the Court stated that it would be in the
best interest of the petitioner to undergo termination of the
pregnancy.
6) On 12.09.2025, this court has passed following order:-
"Notice returnable on 15.09.2025. Learned APP waives
service of notice on behalf of the respondent - State.
Meanwhile, let the victim 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
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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 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 22
weeks and 4 days. The authority shall also ascertain the
calculative risk and complications to the mother, 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 submit a report before
the Court on the returnable date."
7) 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 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
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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.
(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."
8) Pursuant to the order dated 12.09.2025, Panel Doctors of GMERS
Medical College and Hospital, Sola i.e. Dr. Seema Patel and Dr.
Bhavika Goswami, have submitted a report dated 15.09.2025,
which was not in clear terms with reagrd to termination of
pregnancy. Therefore, further report was called for. Pursuant to
the same, Panel Doctors of GMERS Medical College and Hospital,
Sola namely Dr.Deepika Singhal, Dr. Seema Patel and Priya
Chauhan have tendered a further report dated 15.09.2025 and
opined as under:-
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"As per the history given, she is 31 years old unmarried famale. She is
taking medications for epilepsy since 15 years. She had three months of
amenorrea and her abdoman was increasing in size for which she has
undergone ultrasound in Dr. Jivraj Mehta Hospital on 23.08.2025 where
the report was suggestive of single live intrauterine fetus of 21 weeks
and 5 days maturity. She does not want to continue this pregnancy and
wants to terminate. She had sexual intercourse with her consent.
From her history, she is found to have six months of amenorthea
approximately since her menstrual cycel was regular.
As per the physician, she is found to be medically fit for medical
termiantion of pregnancy. She is furtehr advised for anesthetic
evaluation as it is a case of second trimester termination of pregnancy.
Assistant Professor in anesthesia, Dr. Ananya Ruchi Sharma has
assessed her and found to be fit for anethesia at present and will be
reassessed on day when the procedure is done.
After the panel of doctors opinion, it is found that she is medicall and
phychologically fit for termination of pregnancy. In view of her
gestational age, she is 24 weeks 3 days (as on today). She cannot be
terminated as per the MTP Act. But with permission from Honorable
Court, she can terminate the pregnancy with risk of excessive bleeding,
infection, failure of induction or progression of labour, in which case
Hysterotomy (cesarean delivery) may be required which is associated
with its own mordibility, mortability and aneshetic risk, associated with
the procedure and can be managed accordingly. Termination may result
in live born fetus and baby may suffer morbid conditions associated
with extreme premature."
9) Thereafter, on 16.09.2025, considering the history and medical
condition of the petitioner as she had history of constant epilepsy
attach due to stress, once again she was referred to Psychologist
about her medical condition and one more opinion was sought for.
Accordingly, Panel Doctors of Department of Obestretrics and
Gynecology, GMERS Medical College and Hispital, Sola,
Ahmedabad prepared one report on 17.09.2025 and opined as
under:
"patient is suffering from PRESS related epilespy since 15 years. Patient
is 24 weeks 3 days pregnant with single vialble intra uterine fetus with
no gross congenital anomaly. So she is recommended to continuer her
pregnancy with medical line of treatment and regular follow up.
Patient is not found to have any phychiatric or phychological
complication due to epilepsy."
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10) From the report, it appears that the petitioner is major woman,
having 24 weeks 3 days (as on today) and she is found to be
medically fit for medical termiantion of pregnancy. Merely the
petitioner has not made any complaint and she is a single woman is
not a ground to refuse the prayer of the petitioner.
10.1) In this regard, reference is required to be made on the
decision of the Apex Court rendered in case of X Vs. Principal
Secretary, Health and Family Welfare Department, Government
of NCT of Delhi & Anr, reported in (2023) 9 SCC 433, wherein
three Judge Bench has held that, right to reproductive autonomy -
Forms part of rights to personal liberty, privacy and bodily
integrity encompassed under Art. 21 - Decisional autonomy of
woman to procreate or not an integral part of right to privacy -
Woman is ultimate decision maker whether to continue with
pregnancy or to terminate unwanted pregnancy, considering
consequences relating to her vital aspects of physical and mental
health and life - Recognizes every woman's right to make
reproductive choice to terminate unwanted pregnancy, without
undue interference of State - Forcing a woman to continue with
unwanted pregnancy violative of her right to dignity. Even MTP Act
is also recognized by the termination of pregnancy of unmarried
single woman also. Though with specific line of treatment and
regular follow up, she may continue her pregnancy but during
interaction in the champer, the petitioner is given final thought to
reconsider her wish to terminate the pregnancy as well, explained
consequences thereof. Finally, during interaction, due to stress
and fear of social stigma and having frequent attacks of epilepy
during last week, the petitioner has taken conscious decision and
has shown her willingness to terminate the pregnancy. Considering
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the medical situation and opinion given by panel doctors, the
petitioner is permitted to terminate the pregnancy though she is
having 24 weeks and 3 days pregnancy.
11) 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 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. Rule
3(b) of Medical Termination Pregnancy Rules, 2023 may also be
pressed into service. The Medical Board has opined that the
petitioner is mentally and physically fit to undergo termination of
the pregnancy and it will be safe to perform the termination. In
these circumstances, it would be poignant to continue with the
pregnancy for the petitioner, which is involuntary in nature. The
unwillingness of petitioner 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 petitioner. 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 as the petitioner is 31 years old unmarried famale. She is
taking medications for epilepsy since 15 years.
12) At this stage, the Court has considered the decision wherein 'the
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best interest' of the petitioner 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 petitioner
and on ensuring proper care in pre-termination and post
termination period.
13) For the foregoing reasons, this petition is allowed in terms of
permitting termination of the pregnancy of the petitioner with her
consent, to be carried out by the concerned Civil Hospital at the
earliest with medical facilities available to the petitioner and on
ensuring proper care in pre-termination and post-termination
period since present petitioner is having 24 + weeks pregnancy as
of now.
13.1) 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 only with a view to preserve an evdience as Janva
Jog entry is registered, if in future, any offence is registered in this
regard.
13.2) If post termination of pregnancy, the petitioner requires to
take treatment, the concerned Civil Hospital is directed to provide
her all necessary treatment and facility as per Rules. Respondent
authorities shall be at liberty to use fetus for research or any other
purpose in medical field considering the condition of fetus.
14) With above observations and directions, present petition stands
disposed of. Direct service TODAY is permitted.
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15) 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)
SUCHIT
