kerala high court

Kerala High Court: In a writ petition seeking directions for medical termination of pregnancy of a 12 years old girl who was impregnanted by her own minor brother, Devan Ramachandran, J. rejected the petition for medical termination of the pregnancy considering the fact that gestation period was 34 weeks and the Medical Board also recommended delivery of the child after completion of 36 weeks of pregnancy.

The facts of the case reflected that the minor daughter of the petitioner got impregnated by her own minor brother who was 34-weeks pregnant. It was stated that if she was forced to deliver the baby, it would cause cataclysmic consequences to her physiological and psychological condition.

The examination report submitted by the Medical Examination Board initially contained confusing content which led the Court to interact with the members of Medical Board. The further report submitted by the Review Medical Board recommended continuation of pregnancy till 36-weeks which was to be followed by delivery of baby through caesarean section.

The Court after the further interaction with the ‘Review Board’ opined that if the child was to be delivered now, it could have serious impact on its health and prognosis because the gestation period was already 34 weeks, they also informed that another two weeks of gestation of the foetus would not affect the physiological well-being of the mother.

Considering the fact that it was not a case where termination of pregnancy was an option, since the foetus was fully developed and will have to be allowed to be born, the Court rejected the request for medical termination of pregnancy. The Court further left the petitioners at liberty to obtain the continuous assistance of the doctors at the Government Medical College, and after the baby was born, all protection will be offered by the doctors and other competent authorities to decide the nature of delivery after expert evaluation.

The Court also peremptorily directed the parents to ensure that the minor brother against whom allegations were made for impregnating his minor sister was not allowed anywhere near her or to have access to her in any manner.

[XYZ v. State of Kerala, 2023 SCC OnLine Ker 10457, decided on 22-12-2023]

*Judgement by: Justice Devan Ramachandran

Advocates who appeared in this case :

For the Petitioners: Advocate K.M. Firoz, AdvocateP.C. Muhammed Noushiq

For the Respondents: Government Pleader Vidya Kuriakose

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