Srinagar: The High Court of Jammu & Kashmir and Ladakh has permitted the medical termination of pregnancy of a 15-year-old minor sexual assault survivor, whose pregnancy had advanced to approximately 24–26 weeks, holding that she could not be compelled to carry the pregnancy to term against her wishes.
Justice Sanjay Parihar allowed the petition filed by the minor through her father and directed the authorities to take immediate steps for termination of the pregnancy, notwithstanding that the gestational age had crossed the 24-week statutory limit applicable under the Medical Termination of Pregnancy Act and Rules.
The case arises from an alleged sexual assault involving the minor from the border area of Uri, in connection with which FIR No. 90/2026 was registered at Police Station Uri on August 31, 2026.
The Investigating Officer informed the court that the accused had been found to be a juvenile.
The court order was discreet in disclosing the accused’s identity, the precise location of the alleged assault, or the circumstances in which it allegedly occurred.
The court was informed that the minor had become pregnant following the alleged assault and that the pregnancy had advanced beyond 26 weeks according to the petitioner.
A nine-member Medical Board examined her on September 8.
The Board recorded that she was conscious and oriented and found regular fetal heart sounds. It opined that termination could be undertaken at an appropriately equipped tertiary-care facility under specialist supervision.
The Board recommended that two to three units of packed red blood cells be transfused if clinically indicated, as the victim was found to be anaemic. It also recommended psychological support and counselling before and after the procedure.
The High Court noted that survivors of sexual assault and minors fall within categories eligible for termination up to 24 weeks under Rule 3-B of the MTP Rules. In the present case, however, the medical assessment placed the pregnancy at approximately 24–26 weeks.
Relying, among other things, on a recent Supreme Court judgment concerning reproductive choice, the court held that the minor could not be compelled to continue an unwanted pregnancy resulting from the alleged sexual assault.
It observed that forcing her to continue the pregnancy could aggravate the physical and psychological trauma already suffered and expose her to further social consequences.
The court directed Government Medical College, Baramulla, to undertake the procedure at the earliest, subject to the treating specialists finding her medically fit and ensuring adequate blood, specialist care and other safeguards.
Psychological counselling has also been ordered.
The court further directed authorities to preserve foetal material, where medically and legally appropriate, for DNA and other forensic examination connected with the investigation.
The identity of the minor and her medical records have been ordered to remain strictly confidential.
The court also directed that the medical expenses connected with the termination and necessary care be borne by the authorities.
