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Kerala HC asks to deliver six month old fetus of minor rape victim through c-section

The Kerala High Court orders the government to deliver the six-months old fetus of a 15-year-old rape victim through a c-section. The Court also directs the government to accord highest care to the child, if it is alive after the surgery.

The Kerala High Court orders the government to deliver the six-months old fetus of a 15-year-old rape victim through a c-section, and to tend the child, if it is alive after the surgery if the girl's family is not willing to accept the child.
Kerala HC asks to deliver six month old fetus of minor rape victim through c-section
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Published : Jul 16, 2022, 8:17 PM IST

Ernakulam: The Kerala High Court ordered a 15-year-old rape victim to deliver her six-month-old fetus through a c-section at a government hospital with the guidance of an expert team. If the child is alive after the surgery and the girl's relatives are not ready to accept the child, the government should take care of the child, the Court ruled.

The High Court came out with this historic ruling while considering a petition from a POCSO case victim. The HC directed the government to conduct the surgery at a government hospital and a medical team should be formed for the C-section with the medical superintendent of the same hospital to lead the team.

If the baby is alive, excellent neo-natal treatment should be provided to the baby and if the relatives are reluctant to take care of the baby, the government should take care of the baby, Justice V G Arun ordered. According to the existing rules in the country, termination of a six-month-old fetus is not allowed.

Earlier, a medical committee had submitted its recommendations to the court based on the court's direction. The board had said if the baby is taken out at six months of pregnancy, it had only a 30 percent chance of survival. It would have other health complications, the committee had said. However, the court considered the mental status of the minor victim and ordered the board to deliver the baby through surgery.

Ernakulam: The Kerala High Court ordered a 15-year-old rape victim to deliver her six-month-old fetus through a c-section at a government hospital with the guidance of an expert team. If the child is alive after the surgery and the girl's relatives are not ready to accept the child, the government should take care of the child, the Court ruled.

The High Court came out with this historic ruling while considering a petition from a POCSO case victim. The HC directed the government to conduct the surgery at a government hospital and a medical team should be formed for the C-section with the medical superintendent of the same hospital to lead the team.

If the baby is alive, excellent neo-natal treatment should be provided to the baby and if the relatives are reluctant to take care of the baby, the government should take care of the baby, Justice V G Arun ordered. According to the existing rules in the country, termination of a six-month-old fetus is not allowed.

Earlier, a medical committee had submitted its recommendations to the court based on the court's direction. The board had said if the baby is taken out at six months of pregnancy, it had only a 30 percent chance of survival. It would have other health complications, the committee had said. However, the court considered the mental status of the minor victim and ordered the board to deliver the baby through surgery.

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