Court Allows Medical Termination in Light of Victim's Mental and Physical Health, Citing Constitutional Rights
In a landmark decision, the Gujarat High Court, presided over by Justice M.R. Mengdey, has permitted the termination of pregnancy of a 14-year-old rape victim, underscoring her constitutional right to bodily autonomy and reproductive choice. The judgment, delivered on February 2, 2026, emphasizes the victim's sacrosanct right under Article 21 of the Constitution, which guarantees the right to live with dignity.
The case arose from a special criminal application filed by the victim, identified as ABC, seeking the court's intervention to terminate her pregnancy, which was a result of sexual assault. The victim, aged 14 years and 6 months, was carrying a 15-week-old fetus. The court took into account the medical opinion from a board of doctors who confirmed that the medical termination of the pregnancy could be safely performed as per the Medical Termination of Pregnancy (MTP) Act, 1971.
The court's decision also referenced the Bharatiya Nagrik Suraksha Sanhita, 2023, highlighting the legal framework that prioritizes the mental and physical health of the victim in such sensitive cases. Justice Mengdey noted the psychological trauma and potential social ostracism the victim might face, thereby justifying the termination as being in her best interest.
In issuing its judgment, the court directed that the termination be carried out at Zydus Medical College and Hospital, Dahod, with all necessary medical precautions. The court further instructed that DNA samples be collected from the fetus for investigative purposes, ensuring adherence to scientific protocols.
The court also addressed the situation in case of a live birth, mandating that the state assume responsibility for the child's care, in compliance with the Juvenile Justice (Care and Protection of Children) Act, 2005. This direction underscores the state's duty to protect the welfare of children born under such circumstances.
This judgment reiterates the progressive stance of the Indian judiciary in upholding women's rights, particularly in cases involving sexual violence. By aligning its decision with previous Supreme Court rulings and the MTP Act, the Gujarat High Court has reinforced the importance of a woman's right to choose and her entitlement to make decisions concerning her reproductive health.
Bottom Line:
Medical Termination of Pregnancy - A minor rape victim's right to terminate pregnancy upheld considering her physical and mental health, in line with provisions under the Medical Termination of Pregnancy Act, 1971 (as amended) and Bharatiya Nagrik Suraksha Sanhita, 2023.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971 - Sections 3 and 4; Bharatiya Nagrik Suraksha Sanhita, 2023 - Section 528; Article 21 of the Constitution of India; Juvenile Justice (Care and Protection of Children) Act, 2005.
ABC v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2857693
