SRINAGAR: The High Court of Jammu Kashmir and Ladakh has allowed the medical termination of the pregnancy of an 11-year-old girl who became pregnant following an alleged sexual assault, directing the authorities to take immediate steps for the procedure.
Justice Wasim Sadiq Nargal passed the directions in a judgment pronounced on September 22 in a petition filed on behalf of the minor through her father.
The Court’s order came after a Medical Board constituted on its directions found that termination was medically feasible. The Board, after a multidisciplinary assessment, reported that the pregnancy was approximately 22 weeks and five days on September 11 and that the minor was physically and mentally fit to undergo medical termination, subject to applicable legal requirements and specialist supervision.
By the date of the judgment, the Court noted, the gestational age had advanced to approximately 24 weeks and two days, exceeding the 24-week period specified under Rule 3-B of the Medical Termination of Pregnancy Rules, 2003, for categories including minors and survivors of sexual assault or rape.
The Court, however, held that the statutory period could not be considered in isolation in the circumstances of the case. It noted that the delay occurred while the matter was undergoing medical assessment and judicial consideration and relied on principles laid down by the Supreme Court concerning constitutional remedies in cases involving unwanted pregnancies.
The Court said the minor’s age, the circumstances in which the pregnancy arose, her physical and mental condition and the Medical Board’s opinion were relevant considerations. It held that she could not be compelled to carry the pregnancy to term in the circumstances.
The Principal/Medical Superintendent of Associated Hospital, Government Medical College, Baramulla, was directed to make arrangements for the procedure at the earliest. The Court also directed that the minor be provided psychological counselling and support before and after the procedure, with her mother or lawful guardian permitted to remain with her during the termination, subject to medical protocol.
As the alleged accused had not been apprehended, the Court directed the authorities to preserve foetal tissue or other relevant material, wherever medically and legally permissible, for DNA profiling and other forensic examination required by the investigating agency.
The Court also ordered strict protection of the minor’s identity, medical records and other particulars that could lead to her identification.
The expenses related to the termination, including treatment and post-procedure care, are to be borne by the respondents in accordance with law and the Medical Board’s recommendations. The procedure is to ordinarily be carried out at Government Medical College, Baramulla, subject to the treating specialists’ assessment of the available infrastructure and medical requirements.
If specialists consider treatment at another medical centre necessary for the minor’s safety, the authorities have been directed to arrange her immediate referral and transportation without requiring any further order from the Court.
The Court directed that all its directions be implemented forthwith, subject to medical assessment and the safeguards recommended by the Medical Board.
The petition was accordingly allowed and disposed of by the Court.
