"Keeping in mind the almighty:" Kerala High Court allows 10-year-old rape survivor to terminate 30-week-old pregnancy

In the interest of safe-guarding the health of a 10-year-old rape survivor, the Kerala High Court on Thursday allowed medical termination of her 30-week-old pregnancy..Justice PV Kunhikrishnan noted that even though there is an 80% chance of the baby surviving despite the procedure, there are chances of severe complications impacting the 10-year-old's health. "Since the victim child is only aged ten years, there is a chance for medical complication to her health. Considering the entire facts and circumstances of the case, according to me, this is a case in which this Court should invoke the jurisdiction keeping in mind the Almighty," the Court said in its judgement..This is a case in which this Court should invoke the jurisdiction keeping in mind the Almighty..Therefore, the Court permitted the concerned hospital to terminate the pregnancy and issued certain directions to the State to ensure the well-being of the child, if it is born alive. .The Court also lamented the fact that the rapist is alleged to be the minor girl's own father and said that the society as a whole should be ashamed."The alleged culprit is her own father. If the allegation is correct, I am ashamed of and of course, the entire society should bow their head for the same reason. I am sure that long arm of our legal system will punish him in a manner known to law," the judgement stated..The judgment was passed on a petition moved by the 10-year-old survivor's mother seeking permission to undergo medical termination of her pregnancy under the provision of the Medical Termination of Pregnancy Act,1971 and direction to the concerned hospital to conduct such termination procedure in accordance with the law..When the matter first came up before the Court it directed the hospital to constitute a Medical Board and submit a report within 2 days.The report stated that the pregnancy was 'breech presentation' (foetus positioned such that legs and posterior come out first) which would necessitate an operative delivery under anesthesia. It also said that at 30 weeks 6 days, with expected weight of 1.557 Kg, there is 80% chance of the baby surviving. However, it was pointed out that there is risk of neonatal morbidities and also adverse neuro-developmental outcome for the newborn baby. Moreover, due to the age of the foetus, the hospital is ethically and medicolegally liable to resuscitate and give care to the newborn baby..Upon considering the report and the age and other circumstances of the minor rape survivor, the Court decided to permit the hospital to do the needful in accordance to the Medical Termination of Pregnancy Act, within a week's time.Further, the Court directed that if the baby is born alive, and the parents of the child are not willing to or not in a position to assume the responsibility of the child, then the State and its agencies will have to assume full responsibility of the child and medical support and other facilities as may be reasonably feasible, adhering always to the principle of best interests of such child as well as the statutory provisions in the Juvenile Justice Act..[Read Judgment]