KOCHI: The Kerala High Court on Saturday observed that a rape victim cannot be forced to give birth to the child of a man who sexually assaulted her. “Declining permission to a rape victim to medically terminate her unwanted pregnancy would amount to forcing her with the responsibility of motherhood and denying her human rights to live with dignity, which forms a significant part of the right of life guaranteed under Article 21 of the Constitution,” said Justice Kauser Edappagath.
While allowing the plea of the mother of a 16-year-old girl who is a rape victim, seeking permission for medical termination of her daughter’s pregnancy, the court said that sexual assault or abuse of a woman is distressing and the resultant pregnancy compounds the injury.
The petitioner alleged that the victim, while studying in the XIth standard, was sexually abused by her 19-year-old lover and she became pregnant. A case was registered by the Edakkad police, Kannur, for rape. The victim is now in her 28th week of pregnancy.
The medical board informed the court that continuance of pregnancy may be detrimental to the physical and mental health of the victim. The psychiatrist who was part of the board also opined that the continuation of the pregnancy may result in severe psychological trauma to the victim.
The court further stated that after terminating the victim’s pregnancy, the superintendent, of Pariyaram Medical College, Kannur should preserve the foetus for carrying out the medical test for the case pending against the accused.