Jammu & Kashmir & Ladakh High Court Allowed Minor Rape Victim To Undergo Medical Termination Of 19-Week Pregnancy After Her Father Gives ‘High Risk Consent’

The Jammu and Kashmir and Ladakh High Court in the case XXX(Minor) Through Her Father Vs UT of J&K observed and has allowed a minor rape victim to undergo medical termination of 19-week pregnancy after the father of minor gave “extra high-risk consent” as it was being demanded by the medical board.
In the present case, the father of victim approached the court wherein seeking termination of pregnancy of the minor. On February 14, an FIR was registered at a police station in north Kashmir in the rape case.
The bench headed by Justice Javed Iqbal Wani on February 17 observed and has directed the Medical Board of LD Hospital in Srinagar to ascertain as to whether the termination of pregnancy is advisable or not.
The counsel, Mohsin Qadiri, Sr. Additional Advocate General submitted before the court a report wherein it is addressed by the Head of Department, Gynaecology and Obstetrics, Government Medical College, Srinagar, to the Medical Superintendent, Government LD Hospital, Srinagar wherein stating that the patient has 19 weeks of pregnancy and runs a very high risk for MTP as it is a case of teenage pregnancy.
Further, it has been stated in the report that the MTP could be undertaken subject to the “extra high risk consent given by guardians or parents. Therefore, the father of the victim volunteered in the court and agreed to extend the consent as solicited by the medical board.
It has also been directed by the court that the authorities is to proceed with the case of termination of pregnancy of the minor victim by the experts in the field after having a fresh examination of the victim.
The court stated that even if the final call is taken by the experts for termination of pregnancy of the minor victim, necessary measures shall also be taken in association with respondent 3 and respondent 4 for the preservation of the DNA sample of the fetus.
Further, it has been directed that in the case of termination of pregnancy is undertaken, the minor victim be provided all necessary medical facilities free of cost by the respondent 2.

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