Ms. Xyz (Minor) vs Govt. Of J&K And Ors
2021 Latest Caselaw 1695 j&K/2

                                                    S. No. 13
                                                    Regular Cause List
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
               AT SRINAGAR

                  WP (C) 2671/2021, CM (8355/2021)

Ms. XYZ (Minor)                                      .....Petitioner(s)

                    Through: Mr. Lone Altaf, Adv.

      V/s
Govt. of J&K and Ors.                               .....Respondent(s)
                    Through: Mr. Sajad Ashraf, GA
CORAM:
    HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                ORDER

29.12.2021

In compliance to the order dated 21.12.2021, the minor girl has been examined by a Board of Doctors constituted by Chief Medical Officer, Ganderbal vide its order dated 15.12.2021. As per the opinion of the Medical Board, the minor girl is carrying a pregnancy of thirteen (13) weeks and five days. The Board has also recommended for medical termination of the pregnancy subject to clearance by PAC. In terms of Section 3 of the Medical Termination Pregnancy Act of 1971 as amended by the Amendment Act of 2021, registered medical practitioner is entitled to medically terminate the pregnancy where the length of pregnancy does not exceed twenty weeks provided such medical practitioner is of the opinion formed in good faith that the continuance of pregnancy would involve risk to life of the pregnant woman or of grave injury to her physical or mental health. The circumstances under which the minor has conceived child do demonstrate that the continuance of the pregnancy would definitely cause injury to the mental health of the minor girl. This has already been settled by the Supreme Court and various High Courts in several judgments.

From the perusal of the opinion of the Medical Board, it is abundantly clear that not only one medical practitioner but a Board of Doctors has recommended the medical termination of pregnancy of the minor. It is, thus, apparent that in case the pregnancy of the minor is not terminated at the earliest, it would multiply medical and other problems. In case the pregnancy of minor is allowed to continue, the child, if any born out of such pregnancy would haunt the petitioner for rest of life. Unfortunately, the minor girl became pregnant pursuant to alleged rape committed upon her. Giving birth to a child before marriage that too, in unpleasant circumstances, is still considered stigmatic by many in the society.

Having regard to totality of circumstances, the respondents are directed to go ahead with the medical termination of the pregnancy of the petitioner subject of course to taking of reasonable care and following requisite medical protocols.

Larger issue as to how the State should respond in such situations without intervention of the court shall be considered after the respondents file their detailed reply and indicate the steps taken or the procedure in place to deal with such cases of medical termination of pregnancy. Mr. Sajad Ashraf appearing for the respondents seeks and is granted six weeks time to file detailed reply counter affidavit of the Director Health Services, Kashmir.

List on 21.03.2022.

(SANJEEV KUMAR) JUDGE SRINAGAR 29.12.2021 "Amir"