Kerala High Court allows Termination of 26 week plus Pregnancy of Rape Victim

Anushka Sharma –

Published On: November 26, 2021 at 12:20 IST

On Thursday, the Kerala High Court granted medical abortion of a Teenage girl’s 26-week pregnancy after she was allegedly raped by her own father.

The Court granted the Victim’s mother’s request for an abortion after a medical board report stated that continuing the pregnancy could harm her mental health.

In view of the provision under the Act and having regard to the Victim’s age and the circumstances of her pregnancy, its continuance “would involve grave injury to her physical and mental health” and “it is in the interest of justice to permit medical termination of the pregnancy”, the Court said.

The Board also stated that, due to her young age of 17 years, the pregnancy could have a negative impact on her physical condition.

Due to the advanced stage of the pregnancy, the baby may be born alive, according to the report, and the termination operation as well as the related complications, have been explained to the patient.

It also directed that if the foetus survives the process, the hospital Authorities have to ensure the baby’s life is protected.

“In the light of the above findings and also considering the fact that the girl is a Rape Victim, the prayer in the Writ Petition can be allowed. Therefore, this Writ Petition is allowed,” the Court said.

It permitted the Superintendent, Government Medical College, Kannur to carry out medical termination of pregnancy of the minor Victim.

The Court further stated that if the baby was delivered alive, the medical college “would do the needful, in line with legislation,” and that if the baby was not born alive “the doctors will extract tissue from the fetus for DNA identification and will keep it intact for future purposes.”

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