Kerala High Court permits termination of 26-week-old pregnancy of minor rape survivor

The Kerala High Court recently permitted a minor rape survivor to terminate her pregnancy at 26 weeks despite the possibility of the child being born alive..Justice PV Kunhikrishnan issued the order on a petition filed by the mother of an unfortunate minor girl, who had suffered sexual abuse at the hands of her own father,The plea filed through the High Court Legal Services Committee had sought permission for medical termination of the pregnancy of her minor child, who is now in her 26th week of pregnancy..Upon being instructed by the Court, a medical board was constituted to assess the situation as 26 weeks gestation is beyond the 24 weeks permissible limit as per the revised Medical Termination of Pregnancy Act.The board furnished a report before the Court which stated that the minor survivor is only 17 years of age and that the pregnancy was allegedly a result of incest, for which a case has been registered at the concerned police station.The report also attested to the fact that continuation of the pregnancy would have an adverse effect on the mental and physical health of the minor survivor."After psychiatry evaluation it was understood that continuation of pregnancy can adversely affect her mental status. The pregnancy can also adversely affect her physical health in view of her young age," the report stated.It also said that all complications that can possibly arise from the termination procedure and the possibility that the child might be born alive have been explained to the minor girl.Considering the fact that the girl is a minor and that she is a survivor of rape, the Court permitted the Superintendent, Government Medical College, Kannur to medically terminate the pregnancy of the petitioner’s minor daughter under the provisions of the Medical Termination of Pregnancy Act.In case the child is born alive, the Superintendent has to do the needful in accordance with law. Otherwise, the doctors have been directed to take a tissue sample of the foetus for DNA identification and maintain the same intact for future purposes..[Read Order]