Gujarat High Court Allows Termination Of Pregnancy Of 14-Year-Old Rape Survivor
The victim's father approached the High Court seeking permission for an abortion after his daughter became pregnant as a result of the alleged sexual assault.
Published : June 9, 2026 at 11:49 PM IST
|Updated : June 10, 2026 at 2:32 AM IST
Ahmedabad: The Gujarat High Court has permitted the medical termination of pregnancy of a 14-year-old rape survivor in order to safeguard the minor's health and well-being.
The victim's father approached the High Court seeking permission for an abortion after his daughter became pregnant as a result of the alleged sexual assault. According to court records, a case has been registered against the accused at Narayan Nagar Police Station under relevant provisions of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. The complaint alleges that the accused abducted the minor and engaged in sexual acts without her consent.
During the hearing, the High Court directed G.K. General Hospital to conduct a medical examination of the girl. The hospital's report stated that the minor was in good health and approximately seven weeks and five days pregnant.
A medical board constituted for the case concluded that the pregnancy could be safely terminated in accordance with the provisions of the Medical Termination of Pregnancy (MTP) Act, 2021. The High Court then granted permission for the abortion and directed the hospital in Kutch to carry out the procedure without delay. The court ordered that the victim be examined by a team three senior gynaecologists and a psychologist and that all necessary medical precautions be taken during the process.
The court further directed that if any biological evidence is recovered during or after the termination procedure, DNA samples should be scientifically preserved and handed over to the investigating officer for use in the ongoing criminal case.
The court also laid down directions for an exceptional situation in which a child is born alive. In such a scenario, the hospital must provide the best possible medical care. If the survivor or her family is unwilling to assume responsibility for the child, the state government and relevant agencies would be required to take charge under the provisions of the Juvenile Justice Act.
Advocate Bhavana Acharya, representing the petitioner, said the application for termination was filed considering the victim's physical and psychological condition. Following the medical board's favourable opinion, the High Court placed the minor's best interests at the centre of its decision and granted permission for the procedure.
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