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The Gujarat High Court has said a minor girl can't be forced to continue her pregnancy against her wish as it allowed a plea for termination of pregnancy.

A single judge bench of Justice Samir A Dave, while quoting a verse from 'Skand Puran' meaning thereby there can't be greater solace, and protection than a mother, the bench said, "If the victim does not want to continue with her pregnancy then this Court cannot compel her to continue her pregnancy."

Acting on a plea by a minor girl, the bench directed the authorities concerned to conduct the procedure at the earliest possible time with sensitivity and caution, relying upon her statement recorded under Section 164 of the Criminal Procedure Code and the medical report.

The victim girl was carrying pregnancy of 19 weeks as on September 05, 2023 and found with no significant systemic abnormality or showed signs of any complications.

It was contended on behalf of the person with whom the girl had entered into relationship that the termination of pregnancy of victim should not be allowed on the basis of "the wish and desire of the victim" as she is residing with her parents.

He also filed an affidavit stating that he is ready to marry the victim and to accept all responsibilities of the victim as also of the child to be born. He submitted that the dispute between the parties relates to caste and that the victim has never agreed for termination of pregnancy. The present plea was filed only due to pressure from the parents.

The bench, however, said, "There is not much significance to the objection in view of the fact that the relationship between the respondent no.6 (original accused) and the victim as on today does not have any legal recognition and victim is minor."

It also relied upon the SC's judgement in the case of 'X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another' (2022), which held the decision to carry the pregnancy to its full term or terminate it is firmly rooted in the right to bodily autonomy and decisional autonomy of the pregnant woman.

It also quoted the Kerala HC's judgement in 'Aryamol Vs. Union of India and Ors' which stated that the consent of the husband is not required in a case where the wife desires to terminate her pregnancy thereby giving respect to the desire of the woman and significance to her dignity.

Case Title: XYZ Vs State of Gujarat