R/SCR.A/14237/2025 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 14237 of 2025 ========================================================== X Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. VATSAL S PRAJAPATI(16276) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/10/2025 ORAL ORDER [1.0] The uncle 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 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:- [3.1] The uncle of the victim, on 07.10.2025 has filed the FIR being CR No.11209017250851 of 2025 with Himmatnagar Rural Police Station, Sabarkantha, for the offences punishable under Sections 137(2), 65(1), 64(2) (1), 64(2)(m) of the BNS and Sections 3(a), 4, 5(L), 5(j), 2, 6 and 17 of the R/SCR.A/14237/2025 ORDER DATED: 16/10/2025 POCSO Act. [4.0] On 18.07.2025, this court has passed following order:- “NOTICE returnable on 16.10.2025. Learned APP waives service of notice on behalf of the respondent – State. Meanwhile, let the victim minor be examined by the empaneled Doctors at GMERS General Hospital, Himmatnagar, District : Sabarkantha – 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. Respondent No.2 is specifically directed to opine about the status of the fetus, as the pregnancy is at 24 weeks and 3 days. 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 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 fetus is viable or alive, and whether the fetus has any abnormality or not and status of mental and physical condition of the victim. 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 tomorrow. Direct service TODAY is permitted. A copy of this order be handed over to the learned APP for onwards communication through FAX. [4.1] Pursuant to the aforesaid order, a committee comprising of Medical Superintendent, GMERS General Hospital, Himmatnagar, Asst. Professor, Department of Psychiatry, and Department of Obstetrics and Gynecology, GMERS Medical College, Himmatnagar opined as under: “Risk associated with induction of preterm labour, abnormal uterine action, failure of induction or progression of labour, in which case hysterotomy (cesarean delivery) will be required R/SCR.A/14237/2025 ORDER DATED: 16/10/2025 which is associated with its own morbidity, mortality and Anesthetic risks and can be managed accordingly. Termination at this gestation increases risk of infection, excessive blood loss, amniotic fluid embolism and can be come life threatening. Termination may result in live born foetus as feotus has maturity of 26 weeks and 3 days, weight 900 gm + 130 gms foetus is viable but may suffer complication if survived example respiratory Distress Syndrome, extreme preterm, sepsis, Neonatal enterocolitis, severe morbid conditions which will require long term stay in neonatal care unit and treatment and mortality can happen. Patient can be fit for surgery with due anesthetic risk. As this is Tertiary care center all facilities are available except super specialty facilities. 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 risk. 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 Himmatnagar Rural Police Station. It is further submitted that the minor has developed pregnancy of 26 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 considering that such aspect will tarnish the image and reputation in the society, it is urged to permit to terminate her pregnancy in R/SCR.A/14237/2025 ORDER DATED: 16/10/2025 accordance with law. [6.0] As noticed above and as per the report submitted by the Medical Board, pregnancy of the victim is of 26 and 3 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 26 weeks, 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. (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 R/SCR.A/14237/2025 ORDER DATED: 16/10/2025 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, Himmatnagar, shall have to take appropriate steps for follow up of the health of minor victim till she delivers the child. Special treatment to 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 of Sabarkantha, 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 uncle as she has no parents, then the concerned Investigating Officer is directed to make appropriate arrangement to shift the minor victim to Nari Sarakshan Kendra, Mahetapura, Himmatnagar, Dist. Sabarkantha, 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. Page 5 of 6 R/SCR.A/14237/2025 ORDER DATED: 16/10/2025 (v) Considering the fact that the victim has no parents, the State Government to pay forthwith 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. (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. [9.0] With aforesaid observations and directions, present petition is disposed of. Notice is hereby discharged. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 16/10/2025 16:35:49