Right To Life Includes Living Without Mental Trauma: J&K High Court Allows Termination Of 28-Week Pregnancy Of Minor Sexual Assault Victim

Post By 24law
March 3, 2025

Pranav B Prem

The Jammu and Kashmir High Court has permitted the termination of a 28–29-week pregnancy of a minor sexual assault victim, recognizing her severe mental trauma and inability to cope with childbirth. The Court emphasized that the right to life includes living free from mental distress and suffering.

Case Background

A writ petition was filed by the mother of the minor victim, seeking court intervention for the termination of her daughter's pregnancy. The victim, a mentally challenged minor, was found to be 28–29 weeks pregnant due to sexual assault. The pregnancy was discovered only when the victim was taken to a hospital following an injury from a fall at home, where an ultrasound revealed her condition. The hospital authorities subsequently informed the police, leading to the registration of an FIR. The Court noted: "The father of the petitioner-victim has inter alia mentioned in the petition, that victim being minor of unsound mind is hardly possessing the ability to recognize the person who has subjected her to sexual assault about some more than six months earlier leading to her unwanted pregnancy and the said fact was not known to anyone in his family." The victim was placed in a shelter home in Baramulla, and the petitioner’s father approached the Court seeking medical termination of the pregnancy, citing the victim’s mental incapacity and severe distress.

Court's Observations and Decision

Justice Mohd. Yousuf Wani recognized the psychological and emotional impact of the pregnancy on the minor victim. The Court ruled that the right to life under Article 21 of the Constitution includes a life free from mental agony and distress: "The fundamental right to life of a person available under Article 21 of the Constitution of India guarantees a life which is free from mental trauma and worries. It is the obligation of the state to take all steps for ensuring that a citizen within his own standard of his life lives free from worries." Given the mental incapacity of the victim and the social stigma associated with such pregnancies, the Court deemed it necessary to allow termination, stating: "Not only the minor victim but her entire family and all her nears and dears are supposed to be labouring under trauma."

Medical Reports and Expert Opinions

The Court had earlier directed the Director of Health Services, Kashmir, to constitute a Medical Board to evaluate the victim's health. The Board reported that:

The victim was suffering from Mild Intellectual Disability (MID).

She was anemic with an HB level of 8.2 gm, requiring treatment before any medical procedure.

The fetus was viable and showed no congenital abnormalities.

Despite the viability of the fetus, the Court ruled in favor of termination, considering the grave mental injury suffered by the victim and the distress of her family.

Legal Precedents Considered

The Court relied on A (Mother of X) v. State of Maharashtra & Anr, SLP (C) No. 9163/2024, where the Supreme Court exercised its powers under Article 142 to permit the termination of a 28-week pregnancy of a minor rape victim. The Court also referred to XYZ v. State of Gujarat, where termination was allowed for a 27-28-week pregnant rape victim, reinforcing that mental trauma can justify medical termination beyond statutory limits.

Court’s Directives

The Court issued comprehensive directions:

"Director Health Services, Kashmir in co-ordination with Superintendent, Associated Hospital GMC, Baramulla, shall take steps to buildup the petitioner-victim for the proposed procedure so that her HB level and other vital parameters are maintained up to normal desired level, by her proper treatment to achieve that end. The needful should be done without lapse of any time and a bonafide and affectionate exercise should be done so that she is prepared for the procedure within few days.
Since the baby if born alive may need the immediate treatment in Neonatal ICU, as such, the petitioner-victim needs to be admitted in the tertiary care maternity Hospital where NICU facilities are available, therefore, the Commissioner Secretary Health and Medical Education Department UT of J&K shall pass immediate orders/instructions regarding the termination of the pregnancy of the petitioner-victim through a competent team of doctors at LD Hospital Srinagar, with the liberty to refer the mother and/or baby if alive to any other hospital if needed at any time for their further management/incubation facilities. The petitioner-victim upon being built-up for proposed procedure for termination of her pregnancy shall be immediately moved to the LD Hospital, Srinagar in the company of her parent(s)/home people so that her pregnancy is terminated as hereinbefore directed. However, fresh consent should be obtained at the hospital from the father/guardian of the petitioner-victim as per the Medical Protocol.
That it shall be the duty of the UT of J&K through Health and Medical Education as well as Social Welfare Departments to take care of the petitioner-victim until the petitioner-mother is discharged from the Hospital and handed over to her parent(s) and that of the baby if alive until he/she is managed for overcoming of any complications and until he/she is given in adoption by the Government authorities (Social Welfare Deptt) in accordance with law.
Government through Social welfare Department shall bear all the expenditure for the treatment/nourishment of petitionermother as well as the neonate if born alive which may not be available at the Govt. Hospitals.
Secretaries to the Government of J&K Health and Medical Education and Social Welfare Departments shall pass appropriate directions/instructions in accordance with this order of the Court.
The Hospital authorities shall, at the request of the SHO/IO concerned of the criminal case/FIR (04/2025 P/S Kunzer), facilitate the taking of samples for DNA profiling.
Chairman District Legal Services Authority Baramulla shall see that the process for payment of compensation to victim, under the relevant victim compensation Scheme is initiated and finalized at an earliest, in connection whereof directions have already been conveyed to Tehsil Legal Services Committee concerned. (Case FIR No. 04 of 2025 of Police Station Kunzer Baramulla).
Copies of this order shall be forwarded for compliance to the Commissioner Secretary Health and Medical Education Department; Commissioner Secretary Social Welfare Department UT of J&K; Senior Superintendent of Police, Baramulla; Director Health Services Kashmir; Superintendent LD Hospital, Srinagar; Superintendent Associated Hospital GMC Baramulla.
A copy of the order be also forwarded to Chairman District Legal Services Authority Baramulla for information and necessary action."