Factual Background 

In the case of XXX v. State of Gujarat, a father of a young rape victim filed a special criminal application to have his daughter’s 7-month pregnancy terminated. The petitioner asked for the issue of a suitable writ, order, or directive to have the underage victim girl’s pregnancy terminated. The father of the petitioner claimed that all women in India are entitled to safe and legal abortions under specific clauses of the Indian Constitution. It was argued that the victim should have the option to end the pregnancy if the pregnancy was caused by rape. The entire family is experiencing mental harm as a result of the minor daughter’s rape victimisation, hardships in her life, and social stigma.

Observation of the court 

The Medical Superintendent was instructed by the Gujrat High Court Single Judge Bench of Justice Samir J. Dave to examine the rape victim medically and provide a medical opinion on whether it is prudent to carry out the process of medical termination of pregnancy. The Court further ordered the Panel of Doctors to do the Ossification Test and arrange for the survivor to be evaluated by a Psychiatrist at the Civil Hospital to determine her mental state.

To determine whether it is prudent to conduct the process of medical termination of pregnancy over the minor rape survivor in this case and to ascertain the medical state of the foetus, the Court requested the medical advice of the Panel of Doctors. The medical reports are to be provided on the following hearing date, the court ordered.