Srinagar: In a matter where a “raped” minor sought indulgence of the court for termination of her undesired pregnancy, the J&K High Court has asked the authorities to take a final call regarding the abortion of the fetus.
A medical board comprising experts from the Government Lalla Ded Hospital, Srinagar, on 20th of this month had already opined that the condition of the victim carrying the trauma of unwanted pregnancy is satisfactory.
“The Medical Termination of Pregnancy- MTP (on the concerned matter) can be undertaken with extra risk consent given by guardian’s parents and that FSL lab be informed for collecting products of conception for further DNA analysis and paternity testing,” the report read.
The bench of Justice Javed Iqbal asked that the respondent authorities (2 and 3) “to undertake a fresh check up of the petitioner-victim by a Medical Board including a Psychiatrist, a Radiologist as well. On the basis of the opinion of the said Board, take a final call regarding termination of pregnancy of the petitioner-victim”.
Ms X (minor) had prayed that the authorities be directed to permit her to terminate her ongoing pregnancy before the end of this month.
The relief will be in-fructuous after that period as the pregnancy will be of around 24 weeks by that time, she had petitioned through her father before the High Court.
She had also asked for an order prohibiting the authorities from taking any coercive action or criminal proceedings against her or the medical practitioner as would terminate her pregnancy.
The background facts enumerated in her petition say that the Ms X being a minor was kidnapped, abducted and subjected to rape.
Upon lodging a missing report by her father with the concerned police in 2021 an FIR was lodged in the Police Station Kral Khud, Srinagar.
Petitioner submitted that upon being recovered by the police, she was handed to her parents after a medical checkup. However, during the conduct of the ultrasonography test on 16th of this month she was found to pregnant by 22 weeks.
The unwanted pregnancy has been causing great mental, psychological and social stigma besides health danger to her, she petitioned adding that she approached the Head of the Department, Gynecology, LD Hospital, Government Medical College, Srinagar.
However, the authorities there refused to undertake the process of termination of pregnancy citing legal prohibition.
The Supreme Court of India in a recent case of similar nature observed “allowing the petitioner to suffer an unwanted pregnancy would be contrary to the intent of the law enacted by Parliament. Allowing the petitioner to terminate her pregnancy, on a proper interpretation of the statute, prima facie, falls within the ambit of the statute and the petitioner should not be denied the benefit on the ground that she is an unmarried woman”.
The Supreme Court even said “where a pregnancy has occurred as a result of a failure of any device or method used by any woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman”.
It said survivors of sexual assault or rape or incest, minors, change of marital status during the ongoing pregnancy (widowhood and divorce), women with physical disabilities, mentally ill women, the fetal malformation that has substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped and women with pregnancy in humanitarian settings or disaster or emergency situations, are entitled to abortion.
