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Synopsis

The High Court of Jammu & Kashmir and Ladakh has permitted the termination of a 28-week pregnancy of a minor sexual assault victim, emphasising that the right to live free from mental trauma is a fundamental right, falling within the ambit of right to life under Article 21 of the Constitution of India.

The court, presided over by Justice Mohd. Yousuf Wani, underscored the State’s duty to ensure protection of victims from mental suffering. It stated: “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. Not only the minor victim but her entire family and all her nears and dears are supposed to be labouring under trauma.”

The petition was filed by the father of the minor victim, who had been persistently requesting termination of the pregnancy. The girl, who became pregnant due to sexual assault, had been placed in a shelter home during the investigation. During interactions with the court, the petitioner conveyed that his daughter’s life may be saved and protected by allowing the termination of the pregnancy at this stage as the minor victim is supposed to be suffering from great mental and physical injury.

The court acknowledged the socio-cultural stigma surrounding unwed pregnancy in rural and conservative societies, stating that “In a conservative rural society, the chastity of a girl is of very importance in connection with her marriage and the society looks up with great hatred and abhorrence an un-chaste girl, notwithstanding the fact of her becoming so as a result of forced act and without her consent.”

Relying on the Supreme Court’s decision in A (Mother of X) vs. State of Maharashtra & Anr (2024), the High Court highlighted that under Article 142 of the Constitution, termination of pregnancy beyond the statutory limit is permissible in cases of rape survivors facing severe mental and physical trauma.

With these observations, the court permitted the medical termination of pregnancy in exercise of its power under the Article 226 of the Constitution. The court ordered the Director of Health Services to facilitate the victim’s admission to a hospital for the medical procedure.

The court also directed the Social Welfare Department to bear all medical and care-related expenses and, in the event of the child’s survival, to arrange for lawful adoption. Additionally, the District Legal Services Authority was instructed to initiate compensation proceedings under the relevant victim compensation scheme.

 

Cause Title: XXXX vs. UT of J&K [WP (C) 236/2025]

Appearance: For Petitioners-  Advocate Shabir Ahmad; For Respondents- Deputy Advocate General Mubashhir Majid with Assistant Counsel Ms. Shaila Shameem.