1 day ago
J&K High Court Allows Abortion Beyond 24-Week Limit
An 11-year-old girl became pregnant after she reported being sexually assaulted.
Her family asked the Jammu, Kashmir and Ladakh High Court for permission to end the pregnancy.
The pregnancy had reached about 24 weeks and two days when the court decided the case.
Indian rules generally set a 24-week limit for such procedures in specified circumstances.
The court said that limit could not be used by itself to force this child to remain pregnant.
Doctors said she could undergo the procedure, although it could involve higher risks.
The court ordered the hospital to act quickly and provide medical and psychological support.
Her mother or legal guardian may stay with her during the procedure.
The court also ordered officials to preserve material for DNA testing because the alleged attacker has not been caught.
The Jammu, Kashmir and Ladakh High Court allowed an 11-year-old girl to terminate a pregnancy resulting from alleged sexual assault.
Justice Wasim Sadiq Nargal ruled that crossing the statutory 24-week limit could not override the minor’s constitutional protection.
A medical board found the girl physically and mentally fit for the procedure, while warning of increased risks at that stage.
The court ordered immediate arrangements, psychological counselling, and the presence of the girl’s mother or lawful guardian.
Authorities were directed to preserve foetal material for DNA testing because the alleged offender has not been arrested.
- Who
- The Jammu, Kashmir and Ladakh High Court, an 11-year-old girl, her family, and medical authorities.
- What
- The court allowed the girl to terminate her pregnancy despite it having crossed the statutory 24-week period.
- Where
- The case was before the Jammu, Kashmir and Ladakh High Court, with arrangements directed at Associated Hospital, Government Medical College, Baramulla.
- When
- The judgment was delivered on September 22; the medical board examined the girl on September 11.
- Why
- The pregnancy followed the girl’s reported sexual assault, and the court held that she could not be compelled to carry it solely because the statutory period had elapsed.
Statutory-Limit View
Constitutional-Protection View
Effect of crossing 24 weeks
Statutory-Limit View
The pregnancy had passed the period contemplated under Rule 3-B of the Medical Termination of Pregnancy Rules, 2003.
Constitutional-Protection View
The court held that crossing 24 weeks could not, in these circumstances, result in denial of constitutional protection to the minor.
How the law should be applied
Statutory-Limit View
The statutory framework sets limits that ordinarily govern access to medical termination.
Constitutional-Protection View
The court said the Medical Termination of Pregnancy Act must be read together with the High Court’s constitutional powers under Article 226.
Continuation of pregnancy
Statutory-Limit View
A mechanical application of the statutory period could have required continuation of the pregnancy after the deadline passed.
Constitutional-Protection View
The court concluded that an 11-year-old should not be compelled to carry a pregnancy resulting from sexual assault, particularly where the delay was caused by medical and judicial review.
Key facts
- Age of petitioner
- 11 years
- Gestational age at judgment
- Approximately 24 weeks and 2 days
- Relevant legal limit
- 24 weeks under Rule 3-B of the Medical Termination of Pregnancy Rules, 2003
- Presiding judge
- Justice Wasim Sadiq Nargal
- Medical assessment
- The board found the minor physically and mentally fit for the procedure
- Potential medical risks
- Haemorrhage or bleeding, infection, and possible need for blood transfusion
- Investigation status
- The alleged offender had not been arrested
Quotes
Jammu, Kashmir and Ladakh High Court
The constitutional court issuing the decision
“The case stood on a particularly significant footing because of the minor’s age and vulnerability and the circumstances in which the pregnancy had arisen”
indianexpress.com
“the minor being about 11 years old cannot be compelled to carry a pregnancy resulting from the sexual assault committed upon her”
indianexpress.com
Sources
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