J&K Court Refuses Abortion Permission to Minor Rape Victim, Cites Risk to Life

May 22, 2026

The Jammu and Kashmir and Ladakh High Court on Thursday refused to grant permission for the abortion of a minor rape victim. The court stated that due to the approximately 27-week pregnancy, the victim’s life and future reproductive capacity could be at serious risk. Expressing deep concern for the well-being of the victim, Justice Wasim Sadiq Nargal said that courts cannot ignore the clear opinion of a properly constituted medical board, especially when the proposed abortion involves serious medical and obstetric risks.

The petition was filed on behalf of a minor victim, who is said to be around 14 years old. Allegedly, she became pregnant due to sexual harassment. While registering an FIR at a police station in Kulgam, the accused was taken into custody. During the hearing, the court constituted a medical board of experts from Srinagar Government Medical College. The possibility of abortion was assessed.

The board opined that undergoing an abortion at this stage could expose the victim to serious complications, including uterine evacuation, postpartum hemorrhage, sepsis, the need for intensive care, and the possibility of infertility.

The court stated that the plea argued on behalf of the petitioner is that continuing the pregnancy would cause mental trauma to the victim, and the court has duly considered this. This matter must be viewed in a balanced way, giving as much importance to the concern of saving her life and physical health, and the right to terminate a pregnancy cannot be regarded as an absolute right, separate from medical realities and expert opinions. Once a competent medical board has opined against terminating the pregnancy due to a serious threat to the victim’s life, if the court still directs termination, it would be acting contrary to medical prudence.

The court also said that under the Medical Termination of Pregnancy Act, 1971, it is recognized that a pregnancy resulting from rape causes serious mental trauma, yet the right to terminate the pregnancy cannot override serious medical concerns related to saving life.

Rejecting the plea for abortion, the court issued detailed directions for the welfare, rehabilitation, privacy, and medical care of the victim and the unborn child. The court directed the Government Lal Ded Hospital in Srinagar to provide complete medical treatment before and after delivery free of charge, maintain full confidentiality, and ensure the victim’s counseling and medical supervision.