HC Allows Abortion Of Minor Rape Survivor

(MENAFN- Kashmir Observer) Srinagar- The High Court of Jammu and Kashmir and Ladakh has permitted the medical termination of the pregnancy of an 11-year-old girl who was allegedly sexually assaulted, holding that the statutory 24-week gestational limit could not override constitutional protection in the exceptional circumstances of the case.

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Justice Wasim Sadiq Nargal passed the order on a petition filed on behalf of the minor through her father.

The court was informed that the pregnancy was assessed at around 22 weeks and five days when a Medical Board examined the girl on September 11. By the time the court delivered its judgment, the pregnancy had crossed the 24-week statutory limit.

Considering the girl's age, the circumstances in which the pregnancy occurred and the medical opinion placed before it, the court directed the authorities to take immediate consequential steps for termination, subject to medical assessment and safeguards recommended by the Medical Board.

The judgement noted that the person allegedly responsible for the sexual assault had not been identified or arrested at the time of the decision.

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The court also directed authorities to protect the minor's identity and medical particulars and ensure that she receives necessary medical and psychological support.

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The case highlights the court's exercise of constitutional jurisdiction in exceptional circumstances, balancing the statutory gestational limit with the minor's fundamental rights and medical circumstances.

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