Excelsior Correspondent
SRINAGAR, Aug 9: In a first, Jammu and Kashmir High Court has permitted a rape victim from Doda district to terminate her pregnancy.
A 17-year-old girl, who was 26 weeks pregnant, needed the court’s assent since law allows termination after 20 weeks only if the mother’s life is in danger.
The girl alleges she was kidnapped and raped by a man, Ashok Kumar on December 12 last year. He is under arrest. The decision to allow her to abort was taken by Justice Javaid Iqbal Wani after a panel of doctors submitted her medical report.
After a missing report was filed before the police, she was traced and handed over to her family on April 25. However, police didn’t incorporate offences punishable under rape and POCSO Act in the FIR filed on December 25, 2019 at Gandoh police station in Doda.
She was found pregnant by 21 weeks on May 6.The rape victim through her father moved a petition before the High Court seeking permission for carrying out termination of the pregnancy by preserving the DNA samples for the fetus for the identification of the DNA as evidence in the FIR.
Court sought medical opinion from health experts as to whether termination of pregnancy of the victim would be medically permissible and feasible.
The medical report submitted by the expert team comprising two gynecologists, a radiologist and a forensic expert on June 29 said, “After thorough clinical examination, USG, radiological examination and lab interrogation the board of doctors is of the opinion that she is carrying 24 weeks 2 days of pregnancy, termination of which is not allowed under Medical Termination of Pregnancy (MTP) Act. However, she can undergo termination of pregnancy after correction of anemia.”
Court on June 30 directed for further examination of the victim by a psychologist.
A report of examination of the victim by a psychologist at Government Medical College Jammu opined that she does not have any active psychopathologies and her mental status was normal.
“Pregnancy has been caused by the alleged rape, which constitutes a grave injury to the mental health of the victim and that the rider and restraint of 24 weeks is relaxed under the provision of section 5 of the MTP”, Counsel said.
Justice Javed Iqbal Wani, said authorities at GMC Jammu and SMGS hospital “to undertake a fresh examination of the victim by a Medical Board including a psychiatrist as well and on the basis of opinion/ report of the Board, take a final call regarding termination of pregnancy of the petitioner-victim. Should the respondents (GMC Jammu and SMGS Hospital) on the basis of said medical opinion/report decide to undertake termination of pregnancy of the victim, necessary measures be also taken for preserving of DNA samples of the fetus.”
Court said for preserving of the DNA samples of the fetus the Senior Superintendent of Police Doda and SHO Gandoh Police Station should be also associated therewith.
“It is needed to mention here that the victim be provided appropriate free medical facilities in the event of the termination of pregnancy,” the court said.
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