The Jammu and Kashmir and Ladakh High Court has directed Lalla Ded Hospital, Srinagar, to constitute a competent Medical Board and take immediate further action on its medical opinion regarding the possible termination of a pregnancy involving serious foetal abnormalities detected at nearly 32 weeks.
Justice Mohd Yousuf Wani passed the order on October 6, 2026, while disposing of a writ petition filed by a married couple. The Court also expressed concern that doctors sometimes avoid exercising their statutory responsibilities in justified cases, leaving affected women to approach courts for directions.
Background
The couple approached the Court after serious foetal abnormalities were detected during a scan conducted on September 24, 2026, when the pregnancy had reached 31 weeks and six days. Earlier scans in May and July had not reported any major congenital abnormality.
According to the medical records described in the order, the later ultrasound revealed a large cystic structure in the foetal lumbar spine, excess amniotic fluid and other findings suggesting Arnold - Chiari Type II malformation. A foetal MRI conducted on September 25 subsequently confirmed a large spinal defect with a myelomeningocele, a condition involving a defect in the spine and a sac containing tissues associated with the spinal cord.
The petitioners submitted that the delay was not attributable to the mother, who had undergone regular antenatal care. They sought the constitution of a Medical Board to examine her and assess whether termination could be undertaken at the advanced stage of pregnancy.
The respondents' counsel referred to the Medical Termination of Pregnancy Act, 1971, and the rules framed under it. The State submitted that the mother could be examined by a competent Medical Board at Lalla Ded Hospital, Srinagar, which could then take an appropriate decision in accordance with the law.
Justice Wani examined the medical records and the statutory provisions governing termination of pregnancy, including Section 3(2B) of the MTP Act. This provision states that the usual gestational limits do not apply to termination necessitated by substantial foetal abnormalities diagnosed by a Medical Board.
The Court also highlighted concerns about doctors' reluctance to act in cases where the law provides a framework for medical intervention. It observed:
"registered medical practitioners especially doctors working in the associated hospitals of medical colleges and in other district hospitals do not shoulder their statutory responsibilities in terms of the provisions of Medical Termination of Pregnancy Act, 1971 and the rules of 2003 framed thereunder in justified cases thereby leaving the aggrieved mothers at the mercy of the God who, in search of some solace feel constrained to shoulder further mental agony and burden of approaching the courts of law for legal directions."
The Court further stressed that medical authorities should not unnecessarily avoid urgent cases where the applicable legal provisions are clear.
It stated:
"the responsible medical practitioners especially the Medical Board in place under the provisions of the MTP Act and the rules framed thereunder in almost every district shall not unnecessarily avoid to attend such emergent cases."
The High Court directed the Superintendent of Government Lalla Ded Hospital, Srinagar, to constitute a competent Medical Board in accordance with the MTP Act and arrange for the mother's medical examination. It ordered immediate consequential action based on the Board's opinion regarding possible early termination, through an approved and recognised medical procedure.
The Court also directed that if the procedure were undertaken on the Board's advice and the baby were born alive, the hospital must provide immediate neonatal intensive care if required. The procedure, if advised, was to be undertaken at the earliest after completion of the requisite medical formalities, including the specified consent.
The writ petition and the connected application were disposed of, and a copy of the order was directed to be sent to the hospital superintendent for compliance.
