R/SCR.A/5637/2025 ORDER DATED: 21/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 5637 of 2025 ========================================================== PARMAR NARESHBHAI MOTIBHAI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MASUDIQBAL H RATHOD(7919) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 MR. YUVRAJ BRAHMBHATT, LD. ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 21/04/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule for respondent – State of Gujarat. 2. By filing instant petition, the petitioner, who is a father of victim girl, XYZ (who is aged about 12 years and 8 months) has prayed for issuance of direction upon the respondent authorities for termination of pregnancy of his daughter. 3. The aforesaid petition was listed before this Court on 17.04.2025 and on that day, this Hon’ble Court issued notice and directed learned APP to submit report. Pursuant to the said order, today, learned APP for the State has tendered a report received from the OfÏce of the Medical Superintendent, P.D.U., Hospital, Rajkot dated 19.04.2025, which is taken on record. It transpires from the opinion of the medical authority, in substance, that the age of fetus is 26 weeks. Page 1 of 4 R/SCR.A/5637/2025 ORDER DATED: 21/04/2025 4. Considering the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971 as well as peculiar facts of the present case that the victim is aged about 12 years and 08 months, and the applicant is the father of the victim who has prayed for termination of pregnancy as a guardian of the victim vis-a-vis considering the experts’ opinion i.e. Medical OfÏcers of the concerned hospital as well as the risk to carry unwanted pregnancy to the minor-victim, it appears that the victim girl is permitted to undergo medical termination of her pregnancy at the Civil Hospital, Rajkot under the supervision of Chief Medical OfÏcer as also panel doctors. 5. Further, the right to dignity encapsulates the right of every individual to be treated as a self-governing entity having intrinsic value. Every human being possesses dignity merely by being a human and can make self-defining and self- determining choices. Dignity has been recognized as a core component of the right to life and liberty under Article 21 of the Constitution of India. Further, this Court has kept in mind the ratio laid down by the Hon’ble Apex Court in the cases of :- (i) X Vs. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi & Anr., reported in (2023) 9 SCC 433; and (ii) A (Mother of X) Vs. State of Maharashtra & Anr., reported in 2024 INSC 371. 6. Accordingly, the Chief Medical OfÏcer of Civil Hospital, Rajkot is directed to arrange for medical termination of pregnancy of the victim as early as possible. Considering the consent given by guardian and the victim herself, the present petition is allowed and accordingly, this Court permits the R/SCR.A/5637/2025 ORDER DATED: 21/04/2025 termination of pregnancy of the victim subject to following conditions. (i) The procedure of termination of pregnancy will be carried out in the presence of the expert team of doctors. The expert doctors will explain to the family members as well a the victim the risk of getting the termination of her pregnancy and also other factors. (ii) Every care and caution will be taken by the doctors while terminating the pregnancy. All medical attention and other medical facilities including that of a presence of a Pediatrician as well as a Radiologist and other required doctors will be made available to her. (iii) The post operative care up to the extent required, will be extended to the victim. (iv) In case if foetus is found to be alive, the doctors will give all medical assistance wither in that hospital o in other hospital where such facility is available. (v) The doctors shall take necessary tissue from the fetus of DNA identification by following scientific practice prescribed by the Standard Medical Practice for DNA identification and shall hand over the same to the concerned Investigating OfÏcer for onward transmission for forwarding such sample for analysis by the FSL. (vi) All necessary care and caution shall be taken by the doctors while carrying out procedure for termination of R/SCR.A/5637/2025 ORDER DATED: 21/04/2025 pregnancy. (vii) The State shall bear all the expenses in connection with the procedure and all medical expenses required in the interest safety and welfare of the victim. (viii) The Chief Medical OfÏcer of Civil Hospital, Rajkot shall discharge the victim after completion of the termination of pregnancy after examining the victim and finding suitable to do so. Till then, the victim shall be kept in the hospital. 7. Rule is made absolute to the aforesaid extent. 8. Copy of this order also be provided to the learned APP for onward transmission to the concerned department / hospital / authority for complying with the directions and necessary action. Direct service is permitted today. (DIVYESH A. JOSHI,J) VAHID Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ABDULVAHID ABDULSATTAR SHAIKH(HC00955), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2025 17:53:02