Srinagar, October 9: The Jammu and Kashmir and Ladakh High Court has criticised government doctors for failing to discharge their statutory duties and compelling distressed pregnant women to approach the court for permission to terminate pregnancies.
The court expressed concern over the difficulties faced by women and their families in accessing medical termination of pregnancy, observing that the law provides a framework for handling such cases through the designated medical authorities.
In a case involving a minor girl from Kargil whose pregnancy allegedly resulted from sexual assault, the court questioned why her mother had been forced to seek judicial intervention despite the existence of legal provisions and a medical mechanism to address the request.
The court noted that the Medical Termination of Pregnancy Act, 1971, and the rules framed under it establish procedures for considering requests for termination, including those involving minors and survivors of sexual assault.
Under the law, eligible categories of women, including minors and survivors of rape or sexual assault, may seek termination up to 24 weeks of pregnancy, subject to the applicable legal and medical requirements.
The court also took note of the medical and psychological consequences of continuing an unwanted pregnancy, particularly in cases involving minors who have allegedly suffered sexual violence.
It emphasised the responsibility of the designated medical authorities to examine such requests in accordance with the law rather than leaving affected families to seek relief through litigation.
The court subsequently allowed the petition and directed the concerned authorities to arrange the medical termination through an approved procedure, with appropriate medical safeguards and care.
It also issued directions concerning the minor’s treatment, confidentiality and post-procedure support.
