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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2206/2026 Reserved on: 21.09.2026 Pronounced on: 22.09.2026 Uploaded on: 22.09.2026 Whether the operative part or full judgment is pronounced: Full XXXX (Minor aged 11 years) …Petitioner(s)/Appellant(s).

D/o Mohammad Farooq Bokad (aged

52 years)

Through her Father Mohammad Farooq Bokad S/o Mohammad QasimBokad R/o Mahore, Reasi, Jammu &

Kashmir At present address WussanBangil, Kwarhama, Baramulla Through: Mr. Shabir Ahmad Najar, Advocate with Mr. Sajad Ahmad Shah, Advocate Vs.

1.

Union Territory of Jammu & Kashmir ...Respondent(s).

through its Commissioner/Secretary to Govt. Health & Medical Education Department, Civil Secretariat Srinagar/Jammu

2.

Commissioner/Secretary to Govt. Home Department, Civil Secretariat, Srinagar/Jammu

3.

Directorate of Health Services Kashmir at Srinagar

4.

Medical Superintendent of Lala-Ded Hospital Srinagar

5.

Inspector General of Police Kashmir at Srinagar

6.

Senior Superintendent of Police Baramulla

7.

SHO Police Station Kunzer, Baramulla Through: Mr. Faheem Nisar Shah, GA CORAM:HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

JUDGEMENT

22.09.2026

1. Through the medium of the instant petition, the petitioner seeks the following reliefs from this Court:

I. “MANDAMUS Commanding the respondents especially to respondent No.’s 2-4 to terminate the pregnancy of the minor girl petitioner herein in order to avoid any complicacy and to save her life as she is of unsound mind and physically weak.

II. MANDAMUS Commanding the respondent No.’s 5-7 ascertain the whereabouts of the acussed and arrest & take a crimes stern and stringent action, in order to contain such heinous crimes within the society.

III. MANDAMUS Commanding the State Legal Service Authority, to compensation to the victim under the Victim Compensation Scheme, as the petitioner has became the worst victim of the crime.”

FACTS

2. The brief facts of the case are that the petitioner being minor, aged about

11 years, who along with her family, shifted from their native place at Reasi to Village Wussan Bangil Kwarhama, Baramulla, in March, 2026, for rearing cattle and livestock. During her stay in Kashmir, the minor developed fever, vomiting, cough and abdominal pain. She was initially taken to a local medical practitioner and, upon there being no improvement in her condition, was thereafter taken to the Sub-District Hospital, Magam, where she was medically examined and advised an ultrasound examination. The ultrasound revealed that the minor was pregnant.

3. Upon being questioned by the doctors, the minor disclosed that she had been forcibly subjected to sexual intercourse by an unknown person during her stay in Kashmir. The incident had not been disclosed by her to her family earlier. The matter was thereafter brought to the notice of the police, whereupon the minor was taken into protective custody and, after completion of the medico-legal formalities, was lodged in a Shelter Home. It is stated that, despite investigation, the person allegedly responsible for the offence has not yet been identified or arrested.

4. The petitioner submits that, being only 11 years of age, continuation of the pregnancy would expose her to serious risks to her life and health and would cause grave injury to her physical and mental well-being. It is further stated that the medical reports and prescriptions relating to the pregnancy are in the custody of the police authorities and that the petitioner herself was unaware of the exact duration of the pregnancy.

SUBMISSIONS ON BEHALF OF THE PETITIONER

5. Learned counsel appearing for the petitioner submits that the pregnancy is the consequence of an alleged rape committed upon an 11-year-old minor and is, therefore, wholly involuntary and without consent. It is contended that, having regard to the tender age of the petitioner and the attendant physical and psychological risks, continuation of the pregnancy would seriously endanger her life and cause gra