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Kerala high court declines termination of pregnancy of 12-year-old minor: Report
The court ruled out the option of terminating the pregnancy, citing that the foetus had reached 34 weeks of gestation and was fully developed.
The Kerala high court has declined authorisation for the medical termination of the pregnancy of a 12-year-old minor girl, who was in an alleged incestuous relationship with her minor brother.
The court ruled out the option of terminating the pregnancy, citing that the foetus had reached 34 weeks of gestation and was fully developed. The parents submitted to the court that it could cause physiological and psychological issues to the minor.
The girl's parents were unaware of the pregnancy until recently, LiveLaw reported.
The court said as per LiveLaw, “The foetus has already reached 34 weeks of gestation and is now fully developed, preparing for its life outside the womb. Termination of pregnancy at this point is not tenable, if not impossible; and obviously, therefore, the child will have to be allowed to be born”
Justice Devan Ramachandran directed that the minor girl should be in the care and custody of her parents petitioners.
The court has also instructed the relevant authorities and parents to take measures ensuring that the brother, against whom allegations have been levelled, is kept away from the girl.
The court said, “In order to ensure that the applicable provisions of law are not violated, petitioners 1 and 2 are hereby peremptory directed to ensure that the 3rd petitioner's brother - against whom the allegation has been made - is not allowed anywhere near her, or to have access to her in any manner whatsoever. This shall also be ensured by the competent Authorities.”
In this instance, the parents approached the Kerala HC seeking permission for the medical termination of the girl.
Initially, the Medical Board recommended terminating the 34-week pregnancy due to the young age and potential psychological trauma to the girl. Although, after further interaction with the court, the Medical Board shifted its opinion, stating that the minor girl was healthy enough to carry the child. Given the inadequacy of the Medical Board's reports, the court ordered a reevaluation of both the girl and the foetus, LiveLaw reported.
The Review Medical Board concluded that continuing the pregnancy for an additional two weeks to reach full term was not likely to cause a severe psychological impact on the girl. The Board also suggested a caesarean section delivery, considering its lesser psychological impact.
The petitioners' counsel argued that, if there were no other options, the minor would endure the pregnancy for two more weeks until reaching full term. They also requested that the choice between the kind of delivery be left to the petitioners, with the additional plea to allow the minor girl to stay with her parents for adequate care and support.
While rejecting the plea, the court stipulated that the petitioners should continuously receive comprehensive medical assistance. It further noted that the petitioners could seek assistance under the Juvenile Justice (Care and Protection of Children) Act, 2015 after the completion of delivery.
