High Court of Gujarat
ABC MINOR THRO. LEELABEN MANHARBHAI PATELversusSTATE OF GUJARAT
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- M R MENGDEY
Holding
The Court held that permission for termination of pregnancy cannot be granted.
Summary
The Court considered a petition filed by a minor victim seeking permission for a third‑trimester medical termination of pregnancy. A committee of gynecology experts examined the victim and concluded that termination at the gestational age posed higher risks than delivery, with a high likelihood of a live birth requiring intensive neonatal care. Accordingly, the Court declined to grant the termination request. The Court ordered the Chief Medical Officer to ensure continuous health monitoring of the minor and the newborn, and directed that after assessing the minor's wishes, custody of the child be transferred to a specialized adoption agency under Child Welfare Committee supervision. Further directions included provision of medical and postpartum expenses for six months, possible relocation of the minor to a protective home, and interim compensation under the Victim Compensation Scheme, with the District Legal Services Authority overseeing implementation.
Issues considered
- Whether the Court can grant permission for third‑trimester medical termination of pregnancy of a minor victim.
- What post‑delivery care and custodial arrangements should be made for the minor and the newborn.
- Whether the State is liable to bear medical costs and provide compensation to the minor victim.
Subjects
termination of pregnancyminor victimmedical terminationadoptionchild welfarevictim compensationpost‑natal carecourt direction
Judgment
R/SCR.A/3320/2026 JUDGMENT DATED: 12/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 3320 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE M. R. MENGDEY
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Approved for Reporting Yes No
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ABC MINOR THRO. LEELABEN MANHARBHAI PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
BHAUMIK H SHAH(8188) for the Applicant(s) No. 1
MS. SNEHAL C RATHVA(14658) for the Applicant(s) No. 1
MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 12/03/2026
JUDGMENT
1. This Court vide order dated 10.03.2026 had directed the Committee
consisting of the Head of the Department of Gynecology as well as other
experts to examine the petitioner with regard to termination of pregnancy.
2. The victim was examined by the Committee of experts 11.03.2026 and
the report of the Committee is produced for perusal. The report indicates that
at this gestational age, the risk of termination of pregnancy is higher than
delivery at term. The report further suggests that, if pregnancy is terminated at
this gestational age, baby is likely to be born alive and is highly likely to have
complications of prematurity like; respiratory distress syndrome, necrotizing
enterocolitis, intraventricular hemorrhage, and a ventilatory support and NICU
admission may be needed. Hence it is opined by the expert of Doctors that the
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R/SCR.A/3320/2026 JUDGMENT DATED: 12/03/2026
third trimester medical termination of pregnancy of the alleged victim can only
be proceeded with associated due risks of termination of a preterm pregnancy.
3. In view of the above, the permission for termination of pregnancy
cannot be granted by this Court.
4. The Petition stands disposed of accordingly with following directions:
(i) Respondent No.3 – The Chief Medical Officer, S.S.G. Hospital &
Medical College, Vadodara, shall have to take appropriate steps for follow up
of the health of minor victim till she delivers the child. Special treatment to
new born child is also ordered to be provided including neonatal care as per the
requirement for better growth and health of new born child.
(ii) Periodical health check-up of minor victim and new born child should
be undertaken by the medical expert.
(iii) After ascertaining the wish of minor victim and physical condition of
new born child, custody of new born child be handed over to Specialized
Adoption Agency, Vadodara, in the supervision of the Child Welfare
Committee.
(iv) After ascertaining the wish of minor victim if she do not want to reside
along with her family members then the concerned Investigating Officer is
directed to make appropriate arrangement to shift the minor victim to Nari
Sarankshan Gruh, Vadodara, which shall in turn take care for her better future
including educational or vocational training to the minor victim as per the wish
of the minor victim.
(v) The State Government to pay all the medical costs of delivery including
expenses towards treatment and nutrition of the victim and new born child and
all postpartum expenses for a period of six months.
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R/SCR.A/3320/2026 JUDGMENT DATED: 12/03/2026
(vi) The District Legal Services Authority is directed to take appropriate
steps to provide interim compensation as early as possible to minor victim after
following due process under the Victim Compensation Scheme.
(vii) The Secretary, District Legal Services Authority is directed to supervise
all the aforesaid directions till the victim delivers and hand over the child for
adoption to the Specialized Adoption Agency, Vadodara.
(M. R. MENGDEY,J)
J.N.W / 65
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: JAYANTILAL NARAYAN WAGHELA(HC00178), Principal Pvt. Secretary, at High Court of Gujarat on 12/03/2026 18:40:22
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