Case Note & Summary
The petitioner, a minor represented by her mother, filed a Special Criminal Application seeking permission for medical termination of pregnancy. The High Court of Gujarat at Ahmedabad, presided over by Justice M. R. Mengdey, had earlier directed a committee of experts to examine the petitioner. The committee, consisting of the Head of the Department of Gynecology and other experts, examined the victim on 11 March 2026 and submitted a report. The report indicated that at the current gestational age (third trimester), the risk of termination is higher than delivery at term, and the baby is likely to be born alive with complications of prematurity such as respiratory distress syndrome, necrotizing enterocolitis, intraventricular hemorrhage, and may require ventilatory support and NICU admission. In view of these medical risks, the Court held that permission for termination of pregnancy cannot be granted. The petition was disposed of with comprehensive directions: the Chief Medical Officer of S.S.G. Hospital & Medical College, Vadodara, was directed to monitor the health of the minor victim until delivery and provide special neonatal care to the newborn; periodical health check-ups were ordered; after ascertaining the victim's wish, custody of the newborn was to be handed over to a Specialized Adoption Agency under the supervision of the Child Welfare Committee; if the victim did not wish to reside with her family, she was to be shifted to Nari Sarankshan Gruh, Vadodara, for care and vocational training; the State Government was directed to bear all medical costs, including delivery, treatment, nutrition, and postpartum expenses for six months; the District Legal Services Authority was directed to provide interim compensation under the Victim Compensation Scheme; and the Secretary of the District Legal Services Authority was to supervise compliance until delivery and adoption.
Headnote
A) Medical Termination of Pregnancy - Third Trimester Termination - Risk Assessment - Medical Termination of Pregnancy Act, 1971 - The Court considered the medical report indicating that termination at the current gestational age carries higher risks than delivery at term, and the baby is likely to be born alive with complications of prematurity. Held that permission for termination cannot be granted due to the associated risks. (Paras 2-3) B) Victim Compensation - Interim Compensation - Victim Compensation Scheme - The Court directed the District Legal Services Authority to provide interim compensation to the minor victim under the Victim Compensation Scheme. (Para 4(vi)) C) Child Welfare - Custody and Adoption - Juvenile Justice (Care and Protection of Children) Act, 2015 - The Court directed that after ascertaining the wish of the minor victim, custody of the newborn be handed over to a Specialized Adoption Agency under the supervision of the Child Welfare Committee. (Para 4(iii))
Issue of Consideration
Whether permission for medical termination of pregnancy should be granted to a minor victim in the third trimester given the medical risks involved.
Final Decision
The Court denied permission for termination of pregnancy and disposed of the petition with directions for medical care, adoption, and compensation.
Law Points
- Medical Termination of Pregnancy
- Third Trimester Termination
- Gestational Age
- Risk Assessment
- Best Interests of Minor
- Victim Compensation
