The court permitted the termination of a minor's pregnancy beyond the statutory limit due to mental trauma and lack of fetal abnormalities, emphasizing judicial discretion in sensitive cases.

JUDGMENT :

1. Through the medium of the instant petition, filed under the Provisions of Article 226 of the Constitution of India, on behalf of petitioner- victim, a helpless father labouring under acute mental trauma has sought the appropriate directions/orders in respect of the termination of pregnancy of the petitioner her minor mentally retarded daughter who as on date is carrying an unwanted pregnancy of about 28-29 weeks.

2. The father of the petitioner-victim has inter alia mentioned in the petition, that victim being minor of unsound mind is hardly possessing the ability to recognize the person who has subjected her to sexual assault about some more than six months earlier leading to her unwanted pregnancy and the said fact was not known to anyone in his family. That the family was shocked to hear about the unfortunate incident only on 14^th January, 2025, when the victim after falling from upstairs at her home was taken to a nearby hospital for treatment, where doctors advised for her USG abdomen and informed them about 24-25 weeks pregnancy of the victim. That the hospital authorities informed the police concerned and an FIR came to be registered with the concerned Police Station. That the victim is presently lodged in the Shelter Home at Baramulla run by the Social Welfare Department. That the respondents (Police Department) is on their job to ascertain and arrest the accused person involved in the commission of the offence, however, till date (date of filing of the petition) the accused could not be traced out despite the details of two persons having been given by the victim. That the life of the victim may be saved and protected by allowing the termination of the pregnancy at this stage as the minor victim is supposed to be suffering from great mental and physical injury. That since the DNA profiling is to be done for ascertaining the accused as such the same may also be directed to be conducted.

3. This Court on the very day of presentation of the instant petition through order dated 07.02.2025 inter alia directed the Director Health Services, Kashmir to constitute a Medical Board or if the competent Board stands already constituted under the "Medical Termination of Pregnancy Act, 1971” (hereinafter referred to as the “Act” for short) then to refer the case of the petitioner-victim for her immediate and the complete medical examination and thereupon to submit a detailed status report with respect to her state of health, physical, mental as well as pregnancy related and scope and suggestion for pregnancy termination within a period of ten days from the date of passing of the order. Through the said order appropriate directions were also passed to police concerned.

4. Status report was filed by the respondents in pursuance of the directions of this Court dated 07.02.2025 on the basis of the reports of the competent Medical Board constituted under the Act and the Psychiatry Board on 18.02.2025. The relevant portions of the report are reproduced herein under:-

“As per the MTP Act fetus has already crossed age of visibility (USG documented) and is capable of independent assistance. So not a candidate for MTP”…………………………………………………… …………… “It is apposite to state that as per the opinion of Psychiatry Board furnished on 14.02.2025 petitioner is suffering from Mild Intellectual Disability. Further it is stated that the Consultant Radiologist in his report dated 14.02.2025 has not reported any substantial congenital anomaly.”

5. In pursuance of the order dated 07.02.2025, report was furnished for perusal of the court on 17.02.2025 and filed in the Registry on 18.02.2025.

6. Vide order dated 17.02.2025, this Court for passing of appropriate orders in the case directed the Director Health Services Kashmir to submit a further report of the Medical Board which has already examined the victim to the following effect:-

i) Whether termination of the pregnancy of the victim can be done even at this stage without any danger to the life of the