Srinagar/Hyderabad, Sept 27 (Maxim News): The Jammu and Kashmir and Ladakh High Court has allowed the medical termination of an 11-year-old girl’s pregnancy after it crossed the statutory 24-week limit.
The court held that crossing the 24-week limit could not, in the exceptional circumstances of the case, result in denial of constitutional protection to the minor, who became pregnant following an alleged sexual assault.
Court Permits Termination After Pregnancy Crosses 24 Weeks
Justice Wasim Sadiq Nargal passed the order on September 22 while hearing a petition filed on behalf of the minor through her father.
A Medical Board had examined the girl on September 11 and assessed the pregnancy at approximately 22 weeks and five days. The Board said termination was medically feasible, subject to specialist supervision and necessary precautions.
By the time the court delivered its judgment on September 22, the pregnancy had reached approximately 24 weeks and two days. The court noted that the delay occurred during the medical assessment and judicial consideration of the petition and was not attributable to deliberate inaction by the petitioner.
Under the Medical Termination of Pregnancy Act and Rules, minors and survivors of sexual assault are among the categories eligible for termination up to 24 weeks. However, the court held that the statutory limit could not, in the peculiar circumstances of this case, prevent the exercise of its constitutional jurisdiction under Article 226.
The court directed the authorities to take immediate steps for the procedure, subject to the assessment of treating specialists and the safeguards recommended by the Medical Board.
It also ordered authorities to protect the minor’s identity and medical records. The court further directed that the expenses related to the procedure and necessary medical care be borne by the authorities in accordance with law.
The judgment therefore applies to the specific circumstances before the court and does not amount to a general removal of the 24-week statutory limit for abortions.
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