‘In the best interest’: Gujarat High Court permits ‘urgent’ abortion of 15-week pregnancy of teen rape survivor
The Gujarat High Court also directed the Dahod hospital to ensure that the baby, if alive at birth, should be "offered the best medical treatment available, so that it develops into a healthy child”.
The Gujarat High Court on Monday permitted a teen rape survivor to abort a 15-week pregnancy on an “urgent basis,” and directed officials to hand over the tissue of the foetus to the investigating officer for detailed DNA sampling.
Justice M R Mengdey was hearing a petition filed by the girl’s guardians as a committee formed as per the court’s directions submitted its report. A case was lodged in connection with the rape under the Protection of Children from Sexual Offences (Pocso) Act in the Dahod district.
The committee, comprising an assistant professor, a professor and a senior resident, submitted the report after a gynaecologist, a psychiatrist, a physician, and a radiologist examined the girl and found the pregnancy to be 15 weeks. The panel submitted that the pregnancy can be terminated as per the Medical Termination of Pregnancy (MTP) Act.
In the oral order Monday, Justice M R Mengdey cited the ‘the best interest’ theory for the victim settled through Supreme Court precedents, and also considered the opinion of the medical board. “…Considering the medical opinion given by the Medical Board as well as considering the trauma, mental agony and possible social ostracism which the applicant-victim has to undergo, this Court is inclined to allow the prayer for medical termination of the pregnancy.”
Directing three senior gynaecologists and a psychologist of Zydus Medical College in Dahod to examine the girl, the court directed that the hospital must “undertake the procedure of surgery on an urgent basis along with other required expert doctors”. Considering that “each day’s delay will add to the victim’s agony”, the court also directed the hospital to take immediate measures to constitute a medical team to conduct the procedure.
The court also directed the hospital to ensure that the baby, if alive at birth, should be “offered the best medical treatment available, so that it develops into a healthy child”. The court also said that if the victim is not willing to take responsibility for the baby, the state and its agencies will assume full responsibility and offer medical support and facilities to the child, keeping in mind the best interests of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2005.”
The court considered the submissions of the assistant public prosecutor (APP) that “the tissues from the foetus may be directed to be handed over for the purpose of DNA sampling in a scientific manner to the Investigating Officer”, and issued appropriate directions.
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The girl’s guardians first moved a petition before the Gujarat High Court in December last year. On December 23, 2025, the court ordered a committee of the Civil Hospital of Dahod to examine her and submit a report on December 26, 2025, for further decision.
However, they withdrew the petition, stating that the girl was “abducted by an unknown person”, and that a separate First Information Report (FIR) had been lodged in that regard.
The victim was found after the guardians filed a Habeas Corpus petition in the High Court. On January 29, the court ordered the Committee of the Civil Hospital in Dahod to examine the girl and submit a report on February 2.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
