The Jammu and Kashmir and Ladakh High Court has declined permission to a minor rape survivor to medically terminate her pregnancy, which had advanced to nearly 27 weeks, noting the medical board’s opinion that the proposed termination involves substantial risks to her life.

Justice Wasim Sadiq Nargal dismissed a plea as the gestational period had exceeded the statutory limit prescribed under the Medical Termination of Pregnancy (MTP) Act, 1971.

“Once the expert body in the form of Medical Board duly constituted has opined that termination at the present stage poses a serious and imminent threat to the life of the victim, this court cannot ignore or brush aside such expert medical opinion merely on sympathetic considerations,” the court observed in its order dated May 21.

The judge noted that the courts are not expected to substitute their own views over the opinion of specialists and super specialists who are equipped to assess the medical feasibility, safety and consequences of such procedures.

The court held that the right to seek termination cannot be construed as an absolute right divorced from medical realities and expert assessment.

“It needs to be emphasised that sympathy alone cannot be a ground for issuance of directions by a constitutional court when the same may potentially endanger the life of the person concerned. Judicial discretion must operate within the framework of medical science, statutory safeguards and constitutional limitations,” the high court said. It, therefore, declined the prayer for medical termination of pregnancy.

While refusing permission for termination, the court issued a series of directions aimed at safeguarding the welfare, dignity and rehabilitation of the minor victim. It directed authorities to provide comprehensive medical care, counselling, security and confidentiality throughout the remainder of the pregnancy and after delivery.

The court recorded assurances by the hospital concerned that all medical treatment, hospitalisation, medicines, investigations and delivery-related procedures would be provided free of cost.

The court disposed of the plea while directing the authorities to file compliance reports before the registry detailing the steps taken in furtherance of the directions issued herein, including the medical condition, care provided, and overall welfare of the minor rape survivor and the prospective child.