A medical board at Lalla Ded Hospital, Srinagar, must urgently decide a 31-week termination plea, the J&K and Ladakh High Court has directed, remarking that doctors are not shouldering their duties under the MTP Act.
Srinagar: Directing the Superintendent of Lalla Ded Hospital, Srinagar, to constitute a competent medical board to take an urgent decision on terminating a pregnancy of 31 weeks, the Jammu and Kashmir and Ladakh High Court has observed that doctors, especially those in hospitals attached to medical colleges and in district hospitals, are hesitant to perform abortions without a court order, leaving aggrieved mothers “at the mercy of the God” [Petitioners (names withheld) v. Union Territory of Jammu and Kashmir and Others].
The order of October 6 was passed by Justice Mohd Yousuf Wani. Advocates Asif Wani and Owais Qadri appeared for the petitioners; Senior Additional Advocate General Mohsin Qadri, with advocate Maha Majid, appeared for the Union Territory.
A board to decide, not an order to terminate
The Court has not itself ordered termination. The direction is to the Superintendent to constitute a competent medical board, and the decision rests with that board on its medical assessment.
What the Court said about the statute
Doctors, the Court said, do not shoulder their statutory responsibilities under the Medical Termination of Pregnancy Act, 1971 and the 2003 Rules, and medical practitioners should not unnecessarily avoid emergency cases where the statutory directions are clear. It pointed to Section 3(2B) of the Act, under which the gestational limits do not apply where there are substantial foetal abnormalities, and to Section 5(1), under which they do not apply where termination is immediately necessary to save the pregnant woman’s life. Termination is otherwise generally permitted up to 24 weeks, subject to prescribed conditions.
How the couple came to the Court
The petitioners, a couple, asked for a medical board to consider ending the pregnancy at 31 weeks after serious foetal abnormalities were detected. Doctors told them on September 29 that, given the advanced stage, termination could not proceed without the High Court’s intervention. The couple relied on the statutory framework for terminations beyond the ordinary gestational limit where there are substantial foetal abnormalities.
Why the order matters
The order points to a practical gap: although the law already provides for medical boards and relaxes gestational limits in defined situations, couples are still sent to the High Court at the last stage.
The Court’s remarks put hospitals on notice that statutory duties under the MTP Act should be discharged without waiting for a judicial order.
Case Title: Petitioners (names withheld) v. Union Territory of Jammu and Kashmir and Others (case number to be verified)
Bench: Justice Mohd Yousuf Wani, Jammu and Kashmir and Ladakh High Court
Date of Order: October 6, 2026
Appearances: Advocates Asif Wani and Owais Qadri for the petitioners; Sr. AAG Mohsin Qadri with advocate Maha Majid for the Union Territory