The Kerala High Court recently comprising of a bench of Justice VG Arun gave permission to end 28-week pregnancy of a 14-year-old rape victim.
The bench observed after noting that a medical board had advised against continuing the pregnancy because the "anguish generated by the continuation of pregnancy can be considered to create a grave impairment to the mental health of a 14-year-old unmarried girl."
Facts of the case
When the writ petition came up for hearing on 12.08.2022, this Court had directed the 5th respondent to constitute a Medical Board for examining the victim girl and to make available a copy of the Medical Board's opinion. Accordingly, the Medical Board examined the child and the report was made available. The impression of the by the Medical Board after examination of the child, was as under,
“Gestational age by Ultrasound is 27 weeks 5 days and correlated with clinical findings. Anguish caused by continuation of pregnancy can be presumed to cause a grave injury to the mental health of 14 yr old unmarried girl. Hence Medical Board is recommending MTP.”
Courts Observation and order
In the light of the suggestion of the Medical Board recommending medical termination of pregnancy (MTP) as continuation of pregnancy may cause grave injury to the mental health of the girl, the Court issued the following interim directions:
"(i) The petitioner is permitted to get the victim girl’s pregnancy terminated at a Government Hospital.
(ii) On production of this order the Superintendent of the hospital shall take immediate measures for constituting a medical team for conducting the procedure. (iii) The petitioner shall file an appropriate undertaking, authorising the medical team to conduct the surgery at her risk.
(iv) If the baby is alive at birth, the hospital shall ensure that the baby is offered the best medical treatment available, so that it develops into a healthy child;
(v) If the petitioner is not willing to assume the responsibility of the baby, the State and its agencies shall 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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