ORDER : 1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondents. Today, learned APP for the respondents-State has produced a report dated 26.03.2021 under the signature of Professor and HDD, Obs.& Gynec Depart. alongwith opinion of two Gynecologist of GMERS Sola Civil Hospital, which are taken on record. 2. The opinion given by the OBS-GYNEC department, GMERS is as under: •?As per MTP Act, termination of pregnancy can be done upto 20 weeks of pregnancy. •?At present patient is having 18 weeks 5 days pregnancy as per LMP 15/11/2020 and USG dated 26.03.2021 suggestive of 19 weeks 6 days pregnancy. •?Pregnancy can be terminated with due risk associated with sickle cell trait and age of patient. •?Informed consent of the guardian will be required for performing MTP after explaining the entire likely outcome. •?HEMATOLOGIST AND CARDIOLOGIST OPINION TAKEN AT CIVIL ASARWA in view of sickle cell trait and as per their advise, she is at low cardiac risk (0.04%) •?The medical methods (Mifepristone and Misoprostol) employed for termination of pregnancy at this maturity of foetus may result in failure in which case caesarean delivery (Hysterotomy) will be required which is associated with its own morbidity & mortality and anesthesia risks. •?FETAL TISSUE FOR DNA SAMPLING WILL BE SENT AFTER TERMINATION. •?CONCLUSION: PREGNANCY CAN BE TERMINATED AT GMERS SOLA CIVIL HOSPITAL WITH DUE RISK IN VIEW OF SICKLE CELL TRAIT AND AGE OF THE PATIENT. 3. Learned advocate for the petitioner submits that however as per the opinion of two Gynecologist of GMERS, Sola Civil Hospital, the petitioner has no objection if the termination of pregnancy of victim girl would be terminated by the doctor concerned. 4. As can be culled out from the record, the girl is 17 years of age. The complaint is indicative of the alleged rape by the accused. Considering her age and allegations made in the complaint, on giving her consent, the length of pregnancy since is going to complete 20 weeks, bearing in mind her specific consent and averments made in the petition, this petition deserves consideration. 5. The complaint is indicative of the alleged rape by the accused. Considering her age and allegations made in the complaint, on giving her consent, the length of pregnancy since is going to complete 20 weeks, bearing in mind her specific consent and averments made in the petition, this petition deserves consideration. 5. Apt it would be, to reproduce at this stage, Section 3 of the MTP Act :- “(1) When pregnancies may be terminated by registered medical practitioners :- (1) Notwithstanding anything contained in the Indian Penal Code, a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act. (2) Subject to the provisions of sub-section (4) a pregnancy may be terminated by a registered medical practitioner, - (a) Where the length of he pregnancy does not exceed twelve weeks, if such medical practitioner is, or (b) Where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are : (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or (ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. Explanation I of this provision provided that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman” 6. This Court in case of Sushma Alias Gudiya D/o. Shivram Hariharprasad Maurya v. State of Gujarat & Ors. passed in Special Criminal Application No. 1693 of 2016 has observed and held thus :- "Having heard both the sides and having also taken into consideration the provisions of the MTP Act and the decision of this Court rendered in case of Bhavikaben v. State of Gujarat & Ors. [Supra], for the reasons to follow hereinafter, the present petition deserves consideration." 7. Before delving into the facts of the instant case, some of the findings and observations made in the decision rendered in case of Bhavikaben v. State of Gujarat & Ors. [Supra], for the reasons to follow hereinafter, the present petition deserves consideration." 7. Before delving into the facts of the instant case, some of the findings and observations made in the decision rendered in case of Bhavikaben v. State of Gujarat & Ors. [Supra] deserves reproduction at this stage - "3. In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken to the pregnant woman's actual or reasonable foreseeable environment. (4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or who, having attained the age of eighteen years, is a mentally ill person, shall be terminated except with the consent in writing of her guardian. (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman. 8. This Act permits termination of pregnancy where the length of pregnancy does not exceed twelve weeks or where such length of pregnancy exceeds twelve weeks but does not exceed twenty weeks, if in the opinion of two registered medical practitioners, in cases of sub section [2] (b) of Section 3, continuance of pregnancy would involve a risk to the life of a pregnant woman or of grave injury to her physical or mental health, or there is a substantial risk that if a child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. Explanation provides that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Pregnancy thus can be terminated by registered medical practitioner where it is not of more than twelve weeks. If it is of more than twelve weeks, but less than twenty weeks, two medical practitioners need to opine that continuance of pregnancy would involve a risk to the life of pregnancy woman or that it may cause grave injury to her physical or mental health. Likewise, physical or mental abnormalities of a child to be born is also one of the grounds for medical practitioners to terminate the pregnancy. Likewise, physical or mental abnormalities of a child to be born is also one of the grounds for medical practitioners to terminate the pregnancy. Further, no pregnancy of any woman who has not attained the age of 18 years, or who having attained the age of eighteen years, is a mentally ill person, shall be terminated except with the consent in writing of her guardian. 9. The Apex Court in case of Chandrakant Jayantilal Suthar & Anr. v. State of Gujarat [Supra] had left it to the discretion of the medical practitioners, considering the peculiar facts, who were to decide after interaction with the victim, as termination of pregnancy was immediately necessary to save life of the victim herself, it did not want the Doctors to wait for the permission of the Court, if there was a unanimity amongst the doctors; otherwise directed the majority view to prevail. While so doing, the Court directed the Hospital authorities to take necessary tissue from the foetus for DNA identification. 10. In case of Suchita Srivastava & Anr. v. Chandigarh Administration, reported in 2009 (3) GLH 468 , the Apex Court has laid down the theory of "best interest test" to hold that the Court is required to ascertain the course of action which would serve the best interests of the person in question. The Court must undertake a careful inquiry of the medical opinion on the feasibility of the pregnancy as well as social circumstances faced by the victim. The Court's decision should be guided by the interest of the victim alone and not those of stakeholders such as guardians or society in general. Apt it would be, to reproduce the observations made in para 19 of the decision, which reads thus - "19. As evident from its literal description, the 'Best interests' test requires the Court to ascertain the course of action which would serve the best interests of the person in question. In the present setting this means that the Court must undertake a careful inquiry of the medical opinion on the feasibility of the pregnancy as well as social circumstances faced by the victim. It is important to note that the Court's decision should be guided by the interests of the victim alone and not those of other stakeholders such as guardians or society in general. It is important to note that the Court's decision should be guided by the interests of the victim alone and not those of other stakeholders such as guardians or society in general. It is evident that the woman in question will need care and assistance which will in turn entail some costs. However, that cannot be a ground for denying the excise of reproductive rights." 11. Bearing in mind the decision of the Apex Court and keeping in mind the 'best interests' test as the parameter, in the opinion of this Court, in the present set of circumstances, careful inquiry of the medical opinion on the feasibility of the pregnancy as well as social circumstances faced by the victim, if are considered, this Court is of the opinion that termination of pregnancy requires to be permitted, which is in the best interest of the victim, particularly when the experts' opinion suggests that, “pregnancy can be terminated at GMERS Sola Civil Hospital with due risk in view of sickle cell trait and age of the patient". 12. Thus, bearing in mind the best interests parameter, it would be desirable to refer the victim girl to the Resident Medical Superintendent, Sola Civil Hospital, Ahmedabad, who shall undertake necessary examination and start required procedure for termination of the pregnancy of the victim girl at the earliest as victim girl herself is already admitted in the Sola Civil Hospital, Ahmedabad. 13. The Resident Medical Officer, Sola Civil Hospital shall handover, in a scientific manner, the tissues drawn from the foetus for DNA identification to the concerned Investigating Officer for onward transmission of the same to the Forensic Science Laboratory. 14. Once the termination is over, the victim girl shall continue to receive treatment for the length of period as deemed necessary by the senior most doctors of the team. The outcome and well being of the victim girl shall be reported to this Court within one week. 15. The Principal Secretary of the Department of Health and Welfare, Government of Gujarat shall immediately release a sum of Rs.1,00,000/- (Rupees One Lac only) in the account of the father/mother of the victim-girl for food and medical expenses. If the father of the victim-girl has no bank account, then the amount shall be paid accordingly. 15. The Principal Secretary of the Department of Health and Welfare, Government of Gujarat shall immediately release a sum of Rs.1,00,000/- (Rupees One Lac only) in the account of the father/mother of the victim-girl for food and medical expenses. If the father of the victim-girl has no bank account, then the amount shall be paid accordingly. This Court makes it clear that the parents of the victim-girl can approach the State Legal Service Authority if there is any further requirement in this regard. 16. With the above directions, this petition stands disposed of accordingly. Rule is made absolute to the aforesaid extent. 17. Copy of this order be supplied to the learned APP for the respondents; Civil Surgeon/RMO, GMERS, Sola Civil Hospital, SG Highway, Ahmedabad; Investigating Officer and learned advocate for the petitioner forthwith through E-mail and/or Fax.