The Hon’ble High Court of Jammu and Kashmir vide order dated 10.08.2020 allowed a minor to have her pregnancy of 26 weeks terminated.
The said order was passed in a petition filed by a minor girl through her mother, praying to the Hon’ble High Court to direct Respondent no. 1 and 2, viz. the Government of NCT of Delhi and Bhagwan Mahavir Hospital, Pitampura respectively, to medically terminate her pregnancy.
The Petitioner submitted that she is a minor and was raped by the accused (one Pankaj bhaiya) rendering her pregnant. She further submitted that as soon as her pregnancy was confirmed by Respondent No.2 through medical testing, the same was reported to the concerned police station after which an FIR was registered under Section 376 of the Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012.
The Petitioner added that since the pregnancy was discovered at a later stage, the same could not be terminated by the concerned doctors, resulting in the filing of the present petition.
Taking note of the facts of the case, Justice Vibhu Bakhru vide order dated 07.08.2020 directed the Superintendent of Dr. Ram Manohar Lohia Hospital to constitute a Medical Board to examine the Petitioner and report whether the termination of the pregnancy involved risk to the Petitioner. The Medical Board was also directed to evaluate the risk of continuing with the pregnancy.
As per the present order, the medical report was furnished before the Hon’ble Judge electronically, according to which the Petitioner was at considerable risk of psychological complications if the pregnancy was continued. As per the report, it was also stated that there may be some risks in terminating the pregnancy but the same were not higher than what is acceptable and expected at the present stage.
The Hon’ble High Court therefore allowed the present petition and allowed the Petitioner to be admitted to Dr Ram Manohar Lohia Hospital for terminating the pregnancy, provided that all the required tests are done and the same do not pose any added risks to the Petitioner.