The court cannot permit medical termination of pregnancy at an advanced gestational stage if a duly constituted Medical Board concludes that such a procedure poses a serious threat to the life and health of the minor victim, as the right to reproductive choice is not absolute and is subordinate to the right to life.

CORAM:HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

JUDGEMENT

21.05.2026

PRAYER:

1. The petitioner through the medium of instant petition has sought the following reliefs from the Court:

“a) Issue an appropriate writ, order or direction permitting and authorizing immediate Medical Termination of Pregnancy (MTP) of the minor victim in FIR No. 38/2026 registered at Police Station D.H. Pora, District Kulgam, notwithstanding the fact that the gestational age has exceeded the statutory limit prescribed under the Medical Termination of Pregnancy Act, 1971;

b) Direct respondents to constitute/arrange an appropriate Medical Board forthwith for immediate medical examination of the minor victim and for furnishing urgent medical opinion regarding safe termination of pregnancy;

c) Direct the concerned Government Hospital/Medical Board to undertake the termination procedure with utmost urgency, confidentiality and in accordance with law, ensuring complete medical care, counselling and post-procedure assistance to the minor victim;

d) Direct preservation and protection of the identity, dignity, privacy and confidentiality of the minor victim throughout the judicial proceedings, investigation and medical process;

e) Direct that all necessary medical expenses, treatment and post operative care of the minor victim be borne by the State in the interest of justice and welfare of the child;

f) Pass any other writ, order or direction which this Hon'ble Court may deem fit, just and proper in the peculiar facts and circumstances of the case and in the interest of justice.”

BRIEF FACTS

2. The present petition has been filed on behalf of a minor girl, aged approximately 14 years, who conceived as a direct result of sexual assault and rape. In respect of the said incident, FIR No. 0038/2026 was registered at Police Station D.H. Pora, District Kulgam, under the applicable provisions governing sexual offences. The accused has since been taken into custody and the matter is under investigation.

3. According to the medical examination and ultrasonography report, the gestational age of the pregnancy was approximately 25 weeks and 05 days at the time of filing of the instant petition, thereby exceeding the permissible statutory limit ordinarily prescribed under the Medical Termination of Pregnancy Act, 1971. The minor was produced before the Child Welfare Committee (CWC), Kulgam, which declared her a Child in Need of Care and Protection and recommended urgent legal, medical, and psychological intervention.

4. Pursuant thereto, the CWC approached the Chief Medical Officer, Kulgam. However, vide official communication dated 29.04.2026, the medical authorities informed that termination of pregnancy could not be undertaken without the permission of a competent court, as the gestational period exceeded the statutory limit.

5. In view of the foregoing, the petitioner has approached this Court seeking urgent permission for medical termination of pregnancy under Section 3 of the Medical Termination of Pregnancy Act, 1971.

SUBMISSIONS ON BEHALF OF THE PETITIONER

6. Learned counsel, Ms. Asifa Rashid, appearing on behalf of the minor victim 'X' submits that the petitioner is a minor girl aged about 14 years a