Kerala HC allows 10-year-old rape survivor to medically terminate 31-week-old pregnancy

Admitting a petition from the mother of the pregnant girl, the High Court asked the medical team to take an appropriate decision and terminate the pregnancy as the foetus is now 31-weeks-old.

Ernakulam: In a landmark judgment on Thursday, the Kerala High Court has given direction to the Tiruvananthapuram Medical College to abort the baby of a 10-year-old girl, who was allegedly impregnated by her own father. Delivering the judgment, High Court Justice P V Kunhikrishanan said the whole society should put their heads down in shame for such an incident.

Admitting a petition from the mother of the pregnant girl, the High Court asked the medical team to take an appropriate decision and terminate the pregnancy as the foetus is now 31-weeks-old. The Court that had considered the petition earlier had directed to form a medical board and to submit a report regarding the possibilities of pregnancy termination.

Following this, the medical board had given a report that since the pregnancy has gone past 31 weeks, the girl will have to be put under anesthesia and the baby could be taken out through surgery. The medical board also said that since the foetus is 31-weeks-old, the chances of it being alive even after the termination procedure would be 80 percent. The medical report also warned about possible neurological problems that could develop in the baby if it is alive even after termination.

The High Court then left it to the medical team to take an appropriate decision and direction that if the baby is alive after surgery, all life support systems should be given to the baby and the hospital should ensure proper treatment for it to survive. If the petitioner could not take the responsibility, the government and the women and child department should take up the responsibility, the Court said.

The mother of the pregnant child had approached the High Court as doctors refused to abort the baby as it is illegal. As per the existing rules, only a foetus within 24 weeks could be legally aborted. Following this, the mother approached the High Court with her plea.

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