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Synopsis

The Kerala High Court recently granted permission for the termination of the pregnancy of a 15-year-old girl who was impregnated by her own brother.

The single judge bench of Justice Ziyad Rahman observed, “It is evident that the child is physically and mentally fit for medical termination of pregnancy. Further, the child is born from his own sibling, and various social and medical complications are likely to arise. So, the permission as sought by the petitioner to terminate the pregnancy is inevitable.”

The court was dealing with a petition filed by the minor girl’s father. The petitioner stated that her daughter got impregnated by his son and now she was 7 months pregnant.

In the petition, he prayed to issue a writ of mandamus or any other writ to terminate the pregnancy of the victim girl stating that the pregnancy will cause serious mental injury to the minor girl.

Court sought the medical board's opinion in this matter, which stated that the child was physically and psychologically fit for Medical Termination of Pregnancy. The medical board also said that "continuing the pregnancy was likely to cause grave injury to the child's social and mental health." The board further testified before the court that the complication of the minor's pregnancy was likely to harm the minor's physical health.

Accordingly, the court allowed the petition of the father.

Further, the court directed the district medical officer and the Superintendent, of Government Medical College Hospital to take all the necessary and urgent steps to medically terminate the pregnancy of the minor girl without any delay.

Furthermore, the court also directed that after completion of the procedure, a report in this regard shall be submitted before the high court to enable the court to pass appropriate orders for addressing the further issues that were likely to arise in this case.

Case Title: XYZ vs. Union of India