Excelsior Correspondent
Srinagar, Dec 30: High Court today directed for termination of unwanted pregnancy of the minor rape victim and directed the Government to inform the court as to what steps are taken to deal with such cases.
Justice Sanjeev Kumar after hearing the victim counsel Altaf Lone and counsel appearing for H&ME department directed the concerned authorities to go ahead with the medical termination of the pregnancy of the petitioner-victim subject to reasonable care and following requisite medical protocols.
Court with regard to deal with such cases by the authorities said that in larger issue as to how the State should respond in such situations without intervention of the court. Court said the views of the Government shall be considered after the detailed reply is filed indicating there in the steps taken or the procedure in place to deal with such cases of medical termination of pregnancy.
In this regard Government counsel Sajad Ashraf appearing for the respondent-authorities has sought some time to bring the views of the Government on the issue. The court after his submission granted him six weeks time to file detailed reply counter affidavit of the Director Health Services, Kashmir. The direction for termination of unwanted pregnancy of the victim has been directed after the minor girl has been examined by a Board of Doctors constituted by Chief Medical Officer, Ganderbal and as per the opinion of the Medical Board, the minor girl is carrying a pregnancy of thirteen (13) weeks and five days.
“The circumstances under which the minor has conceived child do demonstrate that the continuance of the pregnancy would definitely cause injury to the mental health of the minor girl. This has already been settled by the Supreme Court and various High Courts in several judgments”, Justice Kumar added.
It was projected before the court that despite the matter having been referred to the CMO, the minor girl has not been medically examined and no decision with regard to the medical examination of her pregnancy has been taken.
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