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IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MOHD. YOUSUF WANI, J
Xxxx – Appellant
Versus
Ut Of J&k (Health And Medical Education Dept – Respondent
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 14th 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 Sta
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.
The court recognized the importance of a minor's mental health in allowing medical termination of pregnancy resulting from rape, reinforcing the rights of victims under the MTP Act.
The right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.
The central legal point established in the judgment is the eligibility for medical termination of pregnancy of a minor victim of sexual assault under the statutory framework of the Medical Terminatio....
The court affirmed the right to reproductive autonomy under Article 21, allowing a minor victim of rape to terminate her pregnancy, emphasizing the importance of her consent and well-being.
The court underscores the significance of mental health for minors and affirms the right to seek medical termination of pregnancy under exceptional circumstances.
The main legal point established in the judgment is the recognition of a woman's right to make reproductive choices, including the right to terminate pregnancy, particularly in cases of pregnancy cau....
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