Kerala HC allows 15-year-old Kerala rape victim to terminate pregnancy

The Kerala High Court has allowed the medical termination of pregnancy (MTP) of a 15-year-old rape survivor, who is 24 weeks pregnant.
(Express Illustration)
(Express Illustration)

KOCHI: The Kerala High Court has allowed the medical termination of pregnancy (MTP) of a 15-year-old rape survivor, who is 24 weeks pregnant. The court said that the neonate if born alive, should be provided the best treatment available under the circumstances so that it develops into a healthy child. Justice V G Arun observed that the case projects the plight of a 15-year-old girl, a POCSO victim, who wants to terminate her pregnancy. The Medical Termination of Pregnancy Act, 1971 provides an outer limit of 24 weeks, beyond which termination is not allowed.

After examining the facts and circumstances of the case, the judge said, “ I deem it appropriate to lean in favour of the minor girl, rather than sticking to the strict letter of the law.” The medical board’s report stated that the neonatologist opined that at this gestational age, the chance of neonatal survival in our hospital is about 30 per cent. The baby if survives will require admission to neonatal ICU. Morbidity is high and the baby may require two-three months of NICU care.

The court ordered that considering each day’s delay will add to the victim’s agony, the petitioner, who is the parent, is permitted to get the victim girl’s pregnancy terminated at a government hospital. The superintendent of the hospital shall take immediate measures to constitute a medical team for conducting the procedure. The petitioner should file an appropriate undertaking, giving her consent that the surgery will be conducted at own risk.

The court added that if the petitioner is not willing to assume the responsibility of the neonate, the state and its agencies should assume full responsibility and offer medical support and facilities to the child, as may be reasonably feasible, keeping in mind the best interests of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2015.

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