Gujarat High CourtConstitutional LawHealth and Medical Law

Gujarat HC Allows Termination Of 14-Year-Old’s 28-Week Pregnancy In POCSO Case, Subject To Unanimous Medical Board Opinion

PRIYANKABEN W/O SANJAYBHAI MAFATBHAI RATHODv.STATE OF GUJARAT

Gujarat HC Allows Termination Of 14-Year-Old’s 28-Week Pregnancy In POCSO Case, Subject To Unanimous Medical Board Opinion. PRIYANKABEN W/O SANJAYBHAI MAFATBHAI RATHOD vs STATE OF GUJARAT. Gujarat High Court. LawLens
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In brief

The question

1. Whether the High Court should set aside the Sessions Court’s rejection and permit termination of the minor victim’s pregnancy, notwithstanding its advanced gestational stage and the reported medical risks

The court held

The High Court allowed the petition and permitted termination, subject to the prescribed medical safeguards.

It also directed

It directed the hospital to obtain the victim’s written undertaking, convene a specialist Medical Board, and proceed urgently only on a unanimous opinion that termination could be safely performed without endangering her life.

The Court also ordered forensic preservation and transfer of samples, post-operative care, support and compensation measures, and arrangements for an infant born alive if the victim declined custody.

The petition was disposed of, and the judgment was directed to be transmitted to the relevant authorities for compliance

01Facts

The petitioner, mother of a 14-year-and-6-month-old girl who was the victim of sexual offences, sought permission to terminate the girl’s pregnancy.

The Medical Board at Shri Krishna Hospital, Karamsad, assessed the pregnancy at 28 weeks and 4 days and reported that termination could be risky, requiring directions from the High Court

p. 4

The Sessions Judge and Special Judge (POCSO), Anand, had rejected the application for termination on 27 October 2026.

The petitioner challenged that order and sought permission for termination with medical, forensic, and psychosocial safeguards

pp. 1–4

02Issues

i.1. Whether the High Court should set aside the Sessions Court’s rejection and permit termination of the minor victim’s pregnancy, notwithstanding its advanced gestational stage and the reported medical risks

pp. 3–4, 11

ii.2. Whether termination should be subject to directions addressing medical safety, preservation of forensic evidence, and the victim’s and any live-born infant’s care

pp. 2–3, 11–13

03Law Applied

The Court relied on Articles 21 and 226 of the Constitution, treating reproductive autonomy, bodily integrity, and decisional privacy as aspects of personal liberty, and recognising the High Court’s constitutional jurisdiction to grant relief where statutory remedies under the Medical Termination of Pregnancy Act, 1971 (MTP Act) are unavailable

pp. 5–10

It applied the principles in S v. The Union of India & Ors., SLP (C) No. 14454 of 2026 (24 April 2026), including that the pregnant woman’s welfare and choice must be considered and that the absence of a statutory remedy does not foreclose constitutional relief

pp. 5–10

It also referred to X v. Health & Family Welfare Department, 2022 SCC OnLine SC 1321, on reproductive autonomy, and A (Mother of X) v. State of Maharashtra & Others, Civil Appeal No. 827 of 2026, concerning termination of a minor’s 30-week pregnancy

pp. 8–9

The Court’s order required termination to proceed only after a unanimous medical opinion that it could be carried out safely without endangering the victim’s life.

p. 12

Provisions in the judgment · 8 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Bharatiya Nyaya Sanhita, 2023 Section 64Section 65Section 351

Protection of Children from Sexual Offences Act, 2012 Section 2Section 4Section 5Section 6

04Reasoning

Considering the victim’s age, the circumstances of the pregnancy, and the Medical Board’s assessment of the advanced gestational age and associated risks, the Court applied the cited constitutional principles to prioritise the victim’s best interests

pp. 3–4, 11

It allowed termination but conditioned the procedure on informed consent, specialist assessment, and a unanimous medical opinion that it could be performed safely.

pp. 11–13

It also directed preservation and transfer of fetal tissue for DNA analysis, post-operative care and psychological support, and contingency measures for the care of an infant if born alive

pp. 11–13

05Holding

The High Court allowed the petition and permitted termination, subject to the prescribed medical safeguards.

pp. 11–14

It directed the hospital to obtain the victim’s written undertaking, convene a specialist Medical Board, and proceed urgently only on a unanimous opinion that termination could be safely performed without endangering her life.

pp. 11–14

The Court also ordered forensic preservation and transfer of samples, post-operative care, support and compensation measures, and arrangements for an infant born alive if the victim declined custody.

pp. 11–14

The petition was disposed of, and the judgment was directed to be transmitted to the relevant authorities for compliance

pp. 11–14
Gujarat High Court

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PRIYANKABEN W/O SANJAYBHAI MAFATBHAI RATHODvsSTATE OF GUJARAT

Gujarat High Court · November 06, 2026

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