Lack Of Knowledge About Safe Sex A Reason For Sibling Incest: Kerala HC Suggests Govt To Include Subject In Curriculum

Noting the embarrassment faced by the parents for seeking termination of pregnancy of their 15-year-old daughter, while their minor son had impregnated her, a bench of Justice P.V. Kunhikrishanan observed, “Sibling incest may take place in the context of a family system that does not provide a safe environment for its members. But it may also happen because of the lack of knowledge about safe sex. I am of the considered opinion that the Government should seriously think about the necessity of proper ‘sex education’ in schools and colleges. This court observed like this on earlier occasion also. Safe sex education is the need of the hour to avoid these type of embarrassment to the parents. A good family atmosphere is necessary in the society. To attain this, every citizen of this country should join together without pelting stone to such unfortunate people”.

Advocate K. Rakesh appeared for the petitioner, and Advocate General Office Kerala, Sarin appeared for the respondents.

In the present matter, the petitioner-father sought directions from the court to terminate 7 months pregnancy of his daughter, who was allegedly impregnated by the petitioner's minor son. 

The Court after considering the relevant findings of the medical board suggesting the victim to be mentally and physically fit for termination of pregnancy, allowed the same.

However, the court was informed that the minor daughter had given birth to a child, therefore through an order dated June 2, 2023, the bench gave liberty to the petitioner to seek restoration of the child in accordance with Section 40 of Juvenile Justice (Care and Protection of Children) Act, 2015.

The bench, therefore, noted that the Child Welfare Committee, Malappuram has handed over the minor mother to her uncle.

The bench also considered the plight of the parents who shall face embarrassment in the future as well. It was further of the opinion that it is the duty of our society to help the parents in getting over from the trauma.

“I am sure that the petitioner, the father of these minor children put his signature in this writ petition with tears in his eyes,” the bench noted.

“…As I said earlier, this happened because of the lack of knowledge about the safe sex. Minor children are in front of ‘internet’ and ‘google search’. There is no guidance to the children. The Government should constitute a committee, if necessary, to study the issue and should think about including the ‘safe sex education’ in the curriculum of schools and colleges”, the judgment further read.

Accordingly, while disposing of the petition the bench directed the Chief Secretary, State of Kerala to take appropriate action in the light of the facts and circumstances of this case.

Cause Title: XXX v. Union of India [Neutral Citation Number: 2023:KER:35102]