J&K High Court allows medical termination for 11-year-old girl

The High Court of Jammu and Kashmir and Ladakh has authorized the medical termination of pregnancy for an 11-year-old girl who was allegedly a victim of sexual assault. Justice Wasim Sadiq Nargal ruled that the statutory 24-week gestational limit specified under the Medical Termination of Pregnancy Rules, 2003, could not be applied in isolation to override constitutional protections in this case.

A Medical Board reported that the pregnancy was approximately 22 weeks and five days on September 11. However, by the time the judgment was delivered, the gestational age had advanced to approximately 24 weeks and two days. The court noted that the delay was due to the time required for medical assessment and judicial consideration.

In making its decision, the court considered the minor’s age, the circumstances of the pregnancy, and her physical and mental health. The court directed the Medical Superintendent of the Associated Hospital at Government Medical College, Baramulla, to arrange the procedure immediately. Additionally, the court ordered that the minor receive psychological counseling and that her identity and medical details remain protected. The individual responsible for the alleged assault has not yet been identified or arrested.