Srinagar, Feb 21: The High Court of Jammu & Kashmir and Ladakh directed the authorities to proceed with the termination of a 18-20-week pregnancy of an alleged minor rape victim after having a fresh examination of the victim and after father of a minor gives “extra high risk consent.”
In the event a final call is taken by the experts for termination of pregnancy of a minor victim, Justice Javed Iqbal Wani directed that necessary measures shall also be taken in association with respondents for the preservation of the DNA sample of the fetus.
Hearing a plea filed by the father of a minor victim seeking medical termination of pregnancy (MTP) of his daughter, the court directed that in case the process of termination of pregnancy is undertaken, the minor victim be provided all necessary medical facilities free of cost by the authorities.
The court passed the directions after the minor was examined by the Medical Board stating that the patient has a very high risk for MTP as it is a case of teenage pregnancy.
It was stated in the report of the Medical Board that MTP can be undertaken with ‘extra high risk consent’ given by guardians/parents.”
The court noted that since the medical opinion furnished by the board provides that the patient is a very high risk being a case of teenage pregnancy, thus the board has opined that the MTP can be undertaken with “extra high risk consent” given by the parent.
“In view of the aforesaid opinion, the petitioner father of the victim volunteers and agrees to extend the consent as “is solicited by the medical board,” the court said while allowing the plea.
Justice Wani directed the authorities to file a compliance report of this order by or before April 10, this year.
“Meanwhile, learned counsel for the petitioner shall ensure the presence of the petitioner father before the respondent 2 for completion and fulfilment of necessary requisites before the experts undertake the process of termination of pregnancy of the minor victim,” the court said.
