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The 12-year-old girl had been impregnated by her minor brother. The parents sought abortion alleging that they were unaware of the situation until very recently
The Kerala High Court has recently rejected a plea to terminate the pregnancy of a 12-year-old minor girl involved in an alleged incestuous relationship with her minor brother. The court ruled against the termination, citing that the fetus had reached 34 weeks of gestation and was fully developed, making it impractical, if not impossible, to proceed.
"...the foetus has already reached 34 weeks of gestation and is now fully developed, preparing for its life outside the womb. Termination of pregnancy at this point is not tenable, if not impossible; and obviously, therefore, the child will have to be allowed to be born, either through a cesarean section, or a normal delivery,' said the court.
The bench of Justice Devan Ramachandran allowed the minor girl to be placed under the care of the petitioners/parents and ordered strict measures to prevent any contact between the girl and her brother, against whom the allegations were made.
The parents had approached the high court seeking its intervention for the medical termination of their 12-year-old daughter's pregnancy, citing potential cataclysmic consequences to her physiological and psychological condition. They claimed ignorance of the pregnancy until recently.
Initially, the Medical Board recommended termination due to the minor girl's tender age and psychological trauma. However, upon further review, the Board stated that the girl was healthy enough to carry the pregnancy to full term.
A subsequent Review Medical Board concluded that continuing the pregnancy for an additional two weeks to reach full term would not significantly impact the minor girl's psychological well-being. The Board recommended a cesarean delivery for its lesser psychological impact on the minor girl.
The petitioners' counsel conveyed that, if necessary, the minor girl is willing to carry the pregnancy for two more weeks. He also requested the choice between caesarean and vaginal delivery be left to the petitioners, along with the girl being allowed to stay with her parents for support.
Therefore, while declining the request for pregnancy termination, court assured the petitioners of continuous and comprehensive medical assistance. It also noted that assistance under the Juvenile Justice (Care and Protection of Children) Act, 2015 could be availed after the delivery was completed.
Case title: XXXXX and Others v State of Kerala and Others
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