Ernakulam: The Kerala High Court on Monday allowed a minor rape victim to terminate her 26-week pregnancy. Justice V.G. Arun said that the continuation of the pregnancy could affect the mental health of the 17-year-old girl, who suffers from an intellectual disability.
"In the case at hand, the Medical Board after considering all aspects has opined that the continuation of the pregnancy can seriously affect the mental health of the victim, and she is likely to develop depression and psychosis. In view of the Medical Board's opinion, and considering the mental status of the victim, I am inclined to allow the prayer for medical termination of the pregnancy", the Court observed.
The minor was allegedly raped and impregnated by a neighbour. Her father in the petition said they were not aware of the pregnancy until the girl was recently examined by a gynaecologist. It was submitted by Advocate G. Vidya on behalf of the petitioner that the child is in utter shock and under extreme physical and mental stress due to the pregnancy.
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The court was told that no hospital agreed to perform the medical termination without an order from the court, in light of the restriction imposed by the Medical Termination of Pregnancy Act, 1971. Observing that each day's delay will add to the victim's agony, the court allowed the plea and directed the Superintendent of the hospital to take immediate measures for constituting a medical team for conducting the procedure.
The court directed the minor's father to file an appropriate undertaking, authorizing him to conduct the surgery at her risk. "If the baby is alive at birth, the hospital shall ensure that the baby is offered the best medical treatment available so that it develops into a healthy child," the court said.
It added that in such a scenario, if the petitioner does not assume responsibility for the baby, the state and its agencies shall assume full responsibility and offer medical support and facilities to the child, keeping in mind the best interests of the child, and the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
