The court held that the right to seek medical termination of pregnancy cannot be construed as an absolute right divorced from medical realities and expert assessment. (AI-generated image)The Jammu and Kashmir and Ladakh High Court has declined permission to a minor rape survivor to medically terminate her pregnancy, which had advanced to nearly 27 weeks, noting the medical board’s opinion that the proposed termination involves substantial risks to her life.Justice Wasim Sadiq Nargal dismissed a plea as the gestational period had exceeded the statutory limit prescribed under the Medical Termination of Pregnancy (MTP) Act, 1971.“Once the expert body in the form of Medical Board duly constituted has opined that termination at the present stage poses a serious and imminent threat to the life of the victim, this court cannot ignore or brush aside such expert medical opinion merely on sympathetic considerations,” the court observed in its order dated May 21. Justice Wasim Sadiq Nargal said the paramount consideration in such cases must be the minimisation of risk to the minor’s health. (AI-enhanced image)Termination pleaThe petitioner had approached the court after medical authorities declined to undertake the termination without judicial approval.The counsel appearing on behalf of the minor rape survivor submitted that forcing a child of tender age to continue an unwanted pregnancy would amount to a serious infringement of her right to life, dignity, and bodily integrity guaranteed under Article 21 of the Constitution.It was further submitted that the parents and guardians have unequivocally expressed consent for termination of pregnancy, considering the same necessary in the best interest of the child.The counsel for the rape survivor argued that the continuation of pregnancy would seriously prejudice her education, rehabilitation, dignity, emotional recovery, and future prospects, whereas termination would facilitate her physical and psychological restoration.Also Read | Why court called police constable ‘pawn in hands of enemy’ while upholding his dismissal‘Risk to life, secondary infertility’The court took note of the medical board’s opinion, which stated that if the minor is allowed to terminate the pregnancy, it would entail risk to her health, including multiple blood transfusions and secondary infertility as a long-term sequel.The medical board has unequivocally opined that termination of pregnancy at this advanced stage would pose serious risks to the life and health of the minor rape survivor, including grave obstetric complications and long-term consequences, the court observed.The court emphasised that it cannot, in exercise of its writ jurisdiction, disregard or sit in appeal over the expert medical opinion, particularly when the same indicates a threat to the life of the petitioner.It further added that the paramount consideration in such cases must be the preservation of life and the minimisation of risk to the minor’s health.The court highlighted that there were consistent lines of judicial precedents rendered by various high courts, wherein the courts declined to exercise writ jurisdiction to permit termination of pregnancy in circumstances where the medical board had opined that such termination would pose a serious threat to the life or health of the rape survivor.It observed that the constitutional guarantee under Article 21 encompasses not merely reproductive autonomy but also the right to life and survival of the pregnant woman.Also Read | After 30-year fight, court steps in for Army soldier denied disability pension over eye condition‘Can’t substitute own views over medical experts’The judge noted that the courts are not expected to substitute their own views over the opinion of specialists and super specialists who are equipped to assess the medical feasibility, safety and consequences of such procedures.The court held that the right to seek termination cannot be construed as an absolute right divorced from medical realities and expert assessment.“It needs to be emphasised that sympathy alone cannot be a ground for issuance of directions by a constitutional court when the same may potentially endanger the life of the person concerned. Judicial discretion must operate within the framework of medical science, statutory safeguards and constitutional limitations,” the high court said. It, therefore, declined the prayer for medical termination of pregnancy.Also Read | ‘Painful to see advocates do it’: Why court ordered scrutiny of fake claim petitions in ChhattisgarhWhile refusing permission for termination, the court issued a series of directions aimed at safeguarding the welfare, dignity and rehabilitation of the minor victim. It directed authorities to provide comprehensive medical care, counselling, security and confidentiality throughout the remainder of the pregnancy and after delivery.Story continues below this adThe court recorded assurances by the hospital concerned that all medical treatment, hospitalisation, medicines, investigations and delivery-related procedures would be provided free of cost.The court disposed of the plea while directing the authorities to file compliance reports before the registry detailing the steps taken in furtherance of the directions issued herein, including the medical condition, care provided, and overall welfare of the minor rape survivor and the prospective child.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More