J-K HC allows minor rape survivor to terminate pregnancy after medical board review

While hearing the arguments through video conferencing, the Jammu and Kashmir High Court allowed a minor rape survivor to terminate her 29-week-old pregnancy after getting examined by the medical board. The court observed that the continuance of pregnancy is causing grave mental, physical and social injury to the rape survivor.

Srinagar: The Jammu and Kashmir High Court has on Friday allowed a minor rape survivor to abort her 29-week-old pregnancy after getting examined by the medical board.

Justice Javed Iqbal Wani, while hearing the arguments through video conferencing, observed that the continuance of pregnancy is causing grave mental, physical and social injury to the rape survivor.

"The court directs the administration for the fresh check-up of the rape survivor by a medical board including a psychiatric. And on the basis of the board's opinion, it will be decided to undertake termination of the pregnancy of the survivor," Justice Wani said.

The court further ordered, "free medical facilities for the survivor if the board opines in the favour of abortion of the foetus and the DNA samples must be preserved."

According to the petition, the 17-year-old girl was kidnapped by one Ashok Kumar and other persons on December 19, 20,19 and raped. Her father had on December 25, 20,19 lodged a missing report in the nearest police station. Following which an FIR (No. 104/2019) under section 363/109 IPC and 4 of POSCO Act was registered against the accused persons.

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"After being recovered and handed over to police on April 25, 2020, survivor, however, undertook ultrasound sonography on May 6, which revealed that she was 21 weeks pregnant," the petition read.

The petition further says that the survivor's parents consented for termination of the aforesaid unwanted pregnancy, which, according to them, has been causing great mental and social stigma besides health danger to the survivor.

"She then approached the Govt. Medical College, Doda, and hospital at Jammu, but the authorities there refused to undertake the process of termination of pregnancy, thereby leaving no option for the petitioner but to approach the High Court through the medium of the present petition," the petition read.

It is to be noted that the petitioner has referred to section 3 of the Medical Termination of Pregnancy Act, 1971 (for brevity Act of 1971).