Right to Life Under Article 21 Includes Freedom from Mental Trauma: J&K High Court

Right to Life Under Article 21 Includes Freedom from Mental Trauma: J&K High Court

  • Case Name: xxxx vs UT of J&K

The Jammu and Kashmir High Court permitted the termination of a 28–29-week pregnancy of a mentally challenged minor rape victim, citing severe mental trauma.

The Court directed the director of the Health and Social Welfare Departments to ensure medical care and cover all expenses.

If the baby survives, lawful adoption will be arranged. The District Legal Services Authority was ordered to initiate compensation proceedings.

The court emphasized that the right to life under Article 21 includes freedom from mental distress, relying on A (Mother of X) vs. State of Maharashtra & Anr case, the court permitted late-term abortion in rape cases.

HC Judgment / 5 months ago

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