High Court lets 11-year-old terminate 24-week pregnancy
India

High Court lets 11-year-old terminate 24-week pregnancy

The Indian Express··2d ago

The Jammu, Kashmir and Ladakh High Court allowed an 11-year-old to terminate a pregnancy at 24 weeks and 2 days on September 22. Justice Wasim Sadiq Nargal said she cannot be compelled to carry a pregnancy from assault. A September 11 medical board found her fit despite risks. Government Medical College, Baramulla, was directed to arrange the procedure with counselling.

Prism

What It Means For You

  • The order allows the minor's mother or lawful guardian present during treatment at Baramulla.
  • Doctors must refer her to a better centre without further court orders if specialists recommend it.
  • Police were told to preserve foetal tissue for DNA profiling while the alleged offender remains at large.

What's Happening

  • The girl reported forced sexual intercourse by an unknown person after an ultrasound found pregnancy.
  • She moved to Baramulla with her family in March and was placed in protective custody in a shelter.
  • Nargal cited an April 24, 2026 Supreme Court ruling that constitutional relief cannot hinge on statutory windows alone.

Statutory limits versus Article 226

  • Rule 3-B of the Medical Termination of Pregnancy Rules sets a 24-week framework the pregnancy exceeded.
  • The court said delay arose during medical opinion and judicial review, not deliberate inaction by the petitioner.
  • The Medical Board warned of haemorrhage, infection and possible transfusion needs at this gestational stage.
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