Kerala High Court: Denial of Pregnancy Termination for a 14-Year

The Kerala High Court recently denied a plea for the medical termination of pregnancy for a 14-year-old minor girl who was almost nine months pregnant. The decision was based on the advanced stage of the pregnancy and the developmental status of the foetus.

'Almost 9 Month Pregnancy, Vital Organs Of Foetus Fully Developed': Kerala High Court Denies Medical Termination Of Pregnancy For 14 Yr Old | ⁦@TellmyJolly⁩https://t.co/GQWhlOwgUd

— Live Law (@LiveLawIndia) December 5, 2023

Court’s Findings

The Court based its decision on the medical report, which revealed that the pregnancy was at an advanced stage, with the foetus being thirty weeks old and having a strong heartbeat. Despite acknowledging the consensual nature of the relationship between the accused and the minor victim, the Court emphasized the statutory rape aspect due to the victim’s age.

Justice Devan Ramachandran expressed empathy towards the minor victim and her family. However, the Court firmly denied the request for medical termination, citing the advanced stage of the pregnancy, stating that termination was impossible but a Caesarean section could be performed, allowing the baby to be born alive.

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Background

The plea was filed by the minor’s mother, who claimed that her daughter was raped by the accused, currently in custody under the POCSO Act. The Court considered the medical examination report, emphasizing that there were no health risks to the minor due to the pregnancy, and no lethal foetal abnormalities were detected.

The Court took note of the victim’s tribal background and the customs of her clan. It highlighted that the accused, an acquaintance of her father, had committed the crime at her home. The victim, previously residing in a Children’s Home, was brought back to her house for better care.

Verdict

While dismissing the plea, the Court emphasized the impossibility of termination at such an advanced stage, asserting that both lives—the minor child and the healthy foetus—were at stake. The minor victim and her family were directed to receive legal protection and assistance to ensure the well-being and safety of both the minor victim and the unborn child.

The Court, while empathizing with the victim and her family, held that the provisions of the law could not grant the requested medical termination at the advanced stage of pregnancy. The emphasis was on offering legal protection within the statutory and executive realms to ensure the safety and well-being of the minor victim and the child to be born.

While denying the termination, the Court directed the Jurisdictional Child Protection Officer to provide support and medical assistance for the continuation of the pregnancy and delivery. The victim and her mother were also granted the right to approach the competent court under the Juvenile Justice Act for further legal proceedings.