KOCHI: The Kerala High Court has refused to grant permission to medically terminate the pregnancy of a 12-year-old minor girl who was in an incestual relationship with her minor brother.
The court observed that this is not a case where termination of pregnancy is an option, even if the request of the petitioner is to be considered from any available angle or contour.
"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, hence, the child will have to be allowed to be born, either through a caesarean section, or a normal delivery", said the court.
Justice Devan Ramachandran issued the order on a petition filed by the victim and the parents. The petition stated that if she is forced to deliver the baby, it would cause cataclysmic consequences to her physiological and psychological condition.
The doctors of the medical board constituted by the court were unanimous in their opinion that, since the foetus has attained gestation of over 34 weeks, it would be better to wait until 37 weeks to execute a Caesarean section and take the baby out. They added that the health of the mother (victim-child) is also good enough to carry the pregnancy for that term, and they opined that a healthy child will be born.
The government pleader argued that this is not a case where the foetus has any severe abnormality nor is there any danger to the mother’s health or psychological condition' if the pregnancy is to be continued for another two weeks, leading to the delivery of the child.
During the argument, the counsel for the petitioners said that the victim was willing to carry the foetus for another two weeks, to have a Cesarean section delivery. The counsel also requested that if the doctors are of the view that a normal delivery is possible, that option may also be left open to his clients. Since the victim-mother is such a young girl, she would require the comfort and support of her parents; therefore, the counsel requested that she be allowed to continue with them until she delivers the baby and after that.
The court said that the petitioners are at liberty to obtain the continuous assistance of the doctors at the Government Medical College, Manjeri, for this purpose. The superintendent of the Government Medical College in Manjeri will make all necessary arrangements and provide the requirements.
The court also directed the parents to ensure that the victim’s brother - against whom the allegation has been made -- is not allowed anywhere near her or to have access to her in any manner. The competent authorities shall also ensure this, held by the court.