Kerala HC Refuses Plea For Medical Termination Of 30 Weeks Pregnancy Of 14 Year Old Rape Victim
The Kerala High Court refused a plea for medical termination of pregnancy to a 14-year-old minor girl who was in the advanced stages of her ninth month of pregnancy.
A petition for medical termination of pregnancy for a 14-year-old girl who was allegedly raped was filed. The petitioner, the mother of a 14-year-old rape victim, sought medical termination of her daughter's pregnancy due to severe mental trauma.
A Bench of Justice Devan Ramachandran said, “This Court is saying as afore only for one reason, namely that the pregnancy is now very advanced, with the Medical Board speaking with unanimity that the “uterus corresponded to 30 weeks of gestation with good foetal heart”. The foetus has, in fact, life with heart rate; and hence, termination of the pregnancy at this stage is impossible, as also untenable. The Medical Board is also unambiguously of the view, as available from the record, that termination is not possible, but that the baby can only be taken out through a Caesarean section - which is to say, that it will be born alive, with a prognosis of a good life in future.”
Advocate M. Kabani Dinesh appeared for the Petitionr.
The Court acknowledged the gravity of the situation, involving the lives of both the minor child and the fetus. The medical report indicated that the fetus was at 30 weeks of gestation with a good fetal heart.
The Court expressed reluctance to order termination due to the advanced stage of pregnancy and the healthy condition of the fetus. The Court added, “Apodictically, this is not a case where the victim-child's health is a risk on account of the pregnancy; nor are there any lethal foetal abnormalities detected. The pregnancy is almost in its 9th month and the foetus is gaining weight and fat, getting closer to its eventual birth weight. Its vital organs, like the brain and lungs, are almost fully developed, preparing for life outside the womb.”
The Court while empathizing with the victim said, “this Court cannot accede to the request of the petitioner; though am in full empathy with the condition she and her family is going through, particularly because the victim child is so young.”
The Court ordered the District Legal Services Authority to meet with the victim and submit a report, and also directed protection measures for the victim. In subsequent orders, the Court considered the victim's mental health, family conditions, and the possibility of returning home.
The Court ultimately decided that, given the advanced pregnancy, termination was not possible, and the victim child should be allowed to go back home with her mother. The Court said, “this is not a case where the provisions of 'the Act' can come to the aid of the petitioner, though she and her daughter ought to be offered every protection available in law, to ensure that the latter delivers her baby and is able to take care of her, within the parameters of the statutory and executive realm.”
The Court instructed the Child Protection Officer to offer support to the family and regularly visit the victim for assistance during pregnancy and delivery.
Cause Title: XXXX v. Union Of India & Ors., [2023:KER:76466]
Click here to read/download Judgment
