Srinagar, Sep 23: The High Court of Jammu & Kashmir and Ladakh has directed the immediate medical termination of the pregnancy of an 11-year-old girl allegedly subjected to sexual assault, holding that she cannot be compelled to carry the pregnancy to term merely because the statutory gestational limit was crossed while her case was under judicial consideration.
Justice Wasim Sadiq Nargal, in a 12-page judgment in WP(C) No. 2206/2026, directed the authorities to take all necessary steps for the termination and ordered psychological counselling and support for the child before and after the procedure.
The court also directed that the girl’s identity and medical records be protected and that foetal material be preserved, wherever medically and legally permissible, for possible DNA examination as part of the ongoing criminal investigation.
The case arose after the girl, who had been living with her family in Baramulla after moving from Reasi, developed fever, vomiting, cough and abdominal pain. She was initially taken to a local practitioner and later to Sub-District Hospital Magam, where an ultrasound revealed that she was pregnant.
According to the judgment, the girl told doctors that she had been forcibly subjected to sexual intercourse by an unidentified person during her stay in Kashmir. She had not disclosed the alleged assault to her family earlier.
The matter was subsequently reported to police and the girl was taken into protective custody following medico-legal formalities. The judgment noted that the alleged offender had not been identified or arrested by the time of the court’s decision.
The girl’s father approached the High Court seeking permission for medical termination, directions for investigation and arrest of the alleged offender, and compensation under the applicable victim compensation scheme.
The court had earlier directed the Principal, Government Medical College, Baramulla, to constitute a medical board to assess whether termination was medically feasible. The board conducted multidisciplinary assessments, including clinical, gynaecological, radiological, psychiatric, psychological, paediatric, anaesthetic and forensic evaluations.
It concluded that the girl was physically and mentally fit to undergo medical termination, subject to applicable law, consent requirements and specialist supervision.
The board placed the pregnancy at approximately 22 weeks and five days on September 11. It also cautioned that termination at that stage carried increased risks, including bleeding, infection, possible blood transfusion, prolonged hospitalisation and procedure- or anaesthesia-related complications.
The board recommended that the procedure be conducted at an appropriately equipped tertiary-care facility under specialist supervision.
By the time the judgment was delivered on September 22, the pregnancy had advanced to approximately 24 weeks and two days.
Under Rule 3-B of the Medical Termination of Pregnancy Rules, 2003, specified categories, including minors and survivors of rape, are permitted to seek termination up to 24 weeks. The court noted that the statutory period had been crossed during the pendency of the proceedings.
Justice Nargal, however, held that the statutory limit could not be viewed in isolation in the circumstances of the case. The court referred to the Supreme Court’s ruling in S vs Union of India, SLP No. 14454/2026, decided on April 24, 2026, concerning the constitutional court’s power to consider relief in exceptional circumstances after expiry of the statutory period.
Applying the principles laid down by the Supreme Court, the High Court observed that the girl’s age, vulnerability, circumstances leading to the pregnancy and the medical board’s opinion were relevant considerations.
“The victim, being a minor child aged about 11 years, cannot be compelled to carry to term a pregnancy resulting from the sexual assault committed upon her,” the court observed.
The court further noted that the delay in crossing the statutory period was not attributable to deliberate inaction by the petitioner but occurred while medical assessment was being obtained and the matter was under judicial consideration.
“Having regard to the totality of the circumstances, the tender age of the minor, the nature of the allegations and the medical opinion rendered by the duly constituted medical board and the law laid down by the Supreme Court, this court finds sufficient grounds to grant the relief sought,” the judgment stated.
The court directed the Principal or Medical Superintendent of the Associated Hospital, Government Medical College, Baramulla, to make arrangements for the procedure at the earliest.
It also permitted the girl’s mother or lawful guardian to remain with her during the procedure, subject to medical protocol, and directed that all expenses relating to the termination, treatment and post-procedure care be borne by the government in accordance with law and medical recommendations.
The court clarified that the termination order would not affect the criminal investigation into the alleged sexual assault. Authorities were directed to preserve foetal tissue or other relevant material, wherever medically and legally permissible, for potential use in the investigation and DNA testing.
The judgment also stressed the need to protect the child’s privacy, dignity and identity throughout the medical and legal proceedings.