Kerala High Court

Kerala High Court: In a Civil Writ Petition seeking directions by the Court for terminating pregnancy of a 15-year-old victim impregnated by her own brother, Ziyad Rahman A.A., J. allowed the said medical termination of pregnancy and directed the authorities to take necessary steps without any delay.

The facts of the case reflect that the minor daughter of the petitioner was impregnated by her own brother (the petitioner's son). Also, the 15-year-old girl in the instant matter was 7 months pregnant.

The Medical Board submitted an examination report which revealed that the minor girl was fit for medical termination of pregnancy, and that continuation of pregnancy may cause grave injury to her social and mental health. The Board also opined that the complication of teenage pregnancy may affect her physical health. The Board also raised concerns over the victim having crossed 32 weeks of pregnancy which may lead to giving birth to a baby having problems of prematurity and further care of the baby, if needed.

The Court, considering the concern raised by the Medical Board in the last pointer, directed the petitioner to submit an affidavit undertaking the risks, which was duly submitted.

The Court took note of the above report submitted by the Medical Board. In addition, the Court also said that various social and medical complications are likely to arise since the child will be born from the girl's own sibling. The Court found the permission sought for termination of pregnancy to be inevitable.

Thus, the Court allowed medical termination of pregnancy of the petitioner's daughter considering the principles laid down in XXX v. Union of India, 2021 SCC OnLine Ker 1800 and another case. The Court directed the District Medical Officer and Superintendent of Government Medical College Hospital to take urgent steps to terminate pregnancy of the minor girl without any delay and submit a report accordingly.

[XXX. v. Union of India, 2023 SCC OnLine Ker 3272, Order dated 19-5-2023]

*Order by: Justice Ziyad Rahman A.A.

Advocates who appeared in this case :

For Petitioner: Advocate K. Rakesh

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