Case Ruling
The Jammu and Kashmir High Court allowed the termination of a 28–29-week pregnancy of a mentally challenged minor who was a victim of sexual assault. The court emphasized that the right to life under Article 21 includes living free from mental trauma.
Justice Mohd. Yousuf Wani directed the Director of Health Services to facilitate the termination. The Social Welfare Department will cover all medical expenses. If the child survives, the state will arrange for lawful adoption. The District Legal Services Authority must initiate compensation proceedings under the victim compensation scheme.
Background of the Case
The victim, a mentally challenged minor, became pregnant due to sexual assault. Her mother filed a writ petition seeking termination. The victim had been placed in a shelter home, and medical reports confirmed she suffered from Mild Intellectual Disability (MID). Experts stated she could not understand pregnancy or childbirth.
Petitioner’s Stance
The victim’s mother sought termination, arguing that:
The minor could not understand or handle pregnancy and childbirth.
Continuing the pregnancy would cause severe mental trauma.
The victim’s social and psychological well-being would suffer in a conservative society.
Respondent’s Stance
The UT of J&K did not strongly oppose termination but argued that:
The pregnancy had crossed 28 weeks, requiring judicial approval.
The state was ready to provide medical care and arrange for adoption if the baby survived.
Court’s Observations
The court noted:
Article 21 guarantees a life free from mental distress.
The state must ensure the victim’s well-being.
Social stigma could severely impact the victim’s future.
Conclusion
The ruling prioritizes the victim’s mental health and dignity. It reaffirms the state’s duty to protect vulnerable citizens.
