J&K&L High Court Allows Minor Rape Victim To Undergo Medical Termination Of 19-Week Pregnancy After Her Father Gives 'High Risk Consent'

Justice Javed Iqbal Wani on February 17 had directed a Medical Board of LD Hospital in Srinagar to ascertain as to whether the termination of pregnancy is advisable or not.

On Tuesday, Mohsin Qadiri, Sr. Additional Advocate General, submitted a report addressed by the Head of Department, Gynaecology and Obstetrics, Government Medical College, Srinagar, to the Medical Superintendent, Government LD Hospital, Srinagar stating that the patient has a 19 weeks of pregnancy and runs a very high risk for MTP as it is a case of teenage pregnancy.

The report further said that MTP could be undertaken subject to the "extra high risk consent given by guardians/parents.” In court, the father of the victim volunteered and agreed to extend the consent as solicited by the medical board.

The court directed the authorities to proceed with the case of termination of pregnancy of the minor victim by the experts in the field after having a fresh examination of the victim.

"In the event a final call is taken by the experts for termination of pregnancy of the minor victim, necessary measures shall also be taken in association with respondents 3 and 4 for the preservation of the DNA sample of the fetus. It is further directed that in case the process of termination of pregnancy is undertaken, the minor victim be provided all necessary medical facilities free of cost by the respondent 2," said the court.

Case Title: XXX(Minor) Through Her Father Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 32

Coram: Justice Javed Iqbal Wani

Counsel For Petitioner: Mr Sheikh Manzoor

Counsel For Respondent: Mr Mohsin Qadri, Sr AAG

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