Mental Trauma Suffered By Minor Rape Victim Not Irrelevant: Kerala HC Allows Schoolgirl To Terminate 26-Week Pregnancy

The Court emphasized that the psychological suffering of the minor, who was a victim of ongoing sexual abuse, could not be dismissed as irrelevant.

This decision came after the girl's mother appealed against a previous ruling by a single judge, who had denied permission for the termination of the pregnancy. The single judge had based the decision on the fact that the fetus was beyond 26 weeks and showed no anomalies. Moreover, the judge had noted that the medical board assessing the girl did not include a psychologist, which could have impacted the consideration of her mental health.

A Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu found that psychiatrist diagnosed her with "adjustment disorder with depressive reaction," confirming the severity of the psychological distress.

The Court said, “The Medical Board's report submitted to the learned Single Judge has already established the mental trauma the minor is experiencing. Considering all circumstances, including the provisions of Section 3 of the MTP Act, 1971, the statutory presumption regarding the mental trauma of a minor rape victim, the Psychiatrist's report, and the wishes of both the Petitioner and the minor, we are of the opinion that the request for medical termination of pregnancy should be granted.”

The bench noted that under Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, termination can be allowed if there is a risk of serious harm to the physical or mental health of the woman. The Court emphasized that, especially in cases of rape, the anguish caused by the pregnancy is presumed to be a grave injury to the mental health of the victim. The Court cited earlier decisions by the Supreme Court and other high courts in support of its stance that mental trauma in such cases must be a critical factor in decision-making.

Advocate Mithun Pavanan appeared for the Petitioner and Senior Government Pleader K.P. Harish appeared for the Respondent.

The Court pointed out that although the single judge had questioned the medical board's findings due to the absence of a psychiatrist, there should have been a directive for an independent psychiatric evaluation if necessary. The bench expressed regret that such a direction was not issued earlier.

With the psychiatric report confirming the mental distress, the Court granted permission for the minor to undergo a medical termination. Additionally, the Court stipulated that if the child was born alive post-procedure, the medical professional conducting the abortion would be required to ensure the provision of necessary facilities to save the child’s life. The Court also directed that if the family was unwilling to care for the child, the state would assume full responsibility for the child’s care.

Cause Title: X v. Union of India & Ors., [2024:KER:83410]

Appearance:

Petitioners: Advocates Mithun Pavanan, Mohamed Amjad K.M., Merin Thomas

Respondents: Senior Government Pleader K.P. Harish, Central Government Counsel Anish Jain