The Jammu and Kashmir and Ladakh High Court at Srinagar has permitted the medical termination of pregnancy of a minor victim of alleged sexual assault, despite the pregnancy having crossed the 24-week statutory limit under the Medical Termination of Pregnancy (MTP) Act and Rules.
Justice Sanjay Parihar passed the order in WP (C) 2211/2026 on September 9, 2026. The Court relied on the minor’s wishes, her welfare, the Medical Board’s opinion and constitutional principles concerning reproductive choice.
Background
The petition was filed on behalf of the minor through her father after an FIR was registered at Police Station Uri. The Court was informed that the victim was 15 years old at the time of the incident and had subsequently been found pregnant.
According to the petition, the pregnancy had advanced beyond 26 weeks. The minor sought immediate medical termination, stating that, given her young age, she was unable to bear the physical and psychological trauma associated with continuing the pregnancy.
The Medical Board examined her on September 8, 2026. It recorded that she was conscious and oriented and that fetal heart sounds were present and regular. The nine-member Board opined that termination could be undertaken at an appropriately equipped tertiary-care facility, with necessary medical precautions and blood products available. It also recommended psychological support and counselling before and after the procedure.
The Court noted that Rule 3-B of the MTP Rules specifically includes minors and survivors of sexual assault, rape or incest among categories eligible for termination up to 24 weeks. However, the medical report indicated a gestational age of approximately 24–26 weeks, taking the pregnancy beyond the statutory threshold.
The Court considered the Supreme Court’s ruling in S v. Union of India, which recognised that the absence of a statutory remedy beyond the prescribed period does not prevent a Constitutional Court from considering appropriate constitutional relief.
The High Court observed:
“The victim, being a minor, cannot be compelled to carry to term a pregnancy allegedly resulting from the sexual assault committed upon her and forming the subject matter of the aforesaid FIR. The victim has expressed her unwillingness to continue with the pregnancy.”
The Court further noted that the Medical Board had found termination medically feasible, subject to safeguards, including blood transfusion if clinically required. It held that compelling the minor to continue the pregnancy against her wishes could aggravate the physical and psychological trauma already suffered.
Allowing the petition, the High Court issued a writ of mandamus directing the authorities to take immediate steps for termination of the pregnancy, notwithstanding that it had crossed 24 weeks.
The procedure was directed to be carried out at the earliest, subject to medical fitness and the safeguards prescribed by the Medical Board. The Court also directed that adequate blood and blood products, specialist supervision, psychological counselling and necessary medical support be provided.
The Court ordered preservation of foetal material for forensic examination, directed strict protection of the minor’s identity and medical records, and required the respondents to bear the medical expenses. The petition was accordingly disposed of.
Case Details:
Case Title: Minor Victim (X) through her father v. UT of J&K and others
Case Number: WP (C) 2211/2026
Judge: Justice Sanjay Parihar
Decision Date: September 9, 2026
