Gujarat HC allows medical termination of 16-week pregnancy for minor assault victim
Updated: Mar 18th, 2026
Gujarat High Court has granted permission for the medical termination of a 16-week pregnancy in the case of a minor girl who is a survivor of rape and abduction.
The court, relying on the expert opinion of doctors from GMERS Medical College, Gandhinagar, permitted the procedure to be carried out at the Department of Obstetrics and Gynaecology at the same institution.
The termination must be performed with all necessary medical facilities available, ensuring comprehensive care during both pre- and post-termination periods.
The bench directed the victim to submit an appropriate undertaking, authorising the surgery at her own risk. In the event the baby is born alive, the hospital is required to provide the best available medical treatment to support the child's healthy development.
Should the victim choose not to assume responsibility for the child, the State and its agencies must take full responsibility, offering medical support and facilities in accordance with the best interests of the child and the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2005.
Given that the pregnancy had exceeded 16 weeks, the court instructed a panel comprising the three senior-most gynaecologists from the Department of Obstetrics and Gynaecology at GMERS Medical College, along with a psychologist from the same department, to examine the victim.
The team, supported by other experts such as physicians and anaesthetists as needed, is to conduct an urgent assessment and proceed with the surgical procedure following interaction with the victim.
The court further ordered that necessary tissue samples be collected for DNA identification in accordance with scientific protocols, to be handed over to the investigating officer.
The case stems from an alleged abduction and rape of the minor, leading to an FIR registered on December 4, 2025, at Dabhoda Police Station, Gandhinagar, under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita (BNS).
