The Kerala High Court struck down a petition seeking permission to terminate the pregnancy of a 12-year-old girl who was in an incestual relationship with her minor brother. The court said it was not a case where termination of pregnancy is an option as the fetus had reached the 34th week and was “fully developed”.
The court ordered custody of the minor girl and her parents/guardians while asking authorities to ensure that the brother against whom allegations are levelled was not permitted anywhere near the girl.
“The fetus has already reached 34 weeks of gestation and is now fully developed, preparing for its life outside the womb. Pregnancy at this stage is untenable, if not impossible, and obviously, therefore, the child will have to be allowed to be born…” the court noted.
Justice Devan Ramachandran headed the bench asked the petitioners to take care of the girl, and also directed the parents that the minor brother against whom allegations have been levelled is not allowed anywhere near the girl.
Initially, the Medical Board recommended the termination of the 34-week pregnancy, citing the young age and psychological trauma experienced by the minor girl. However, after discussions with the Court, the Medical Board changed its opinion, stating that the minor girl was deemed healthy enough to carry the pregnancy to full term. Due to insufficient information in the Medical Board reports, the Court ordered a reassessment of both the minor girl and the fetus.
The Review Medical Board indicated that extending the pregnancy by an additional two weeks to achieve full term was unlikely to have any significant psychological impact on the minor girl. Additionally, the Board recommended a caesarean delivery over a vaginal delivery, as it was deemed to have a lesser psychological impact on the minor girl.
The petitioners’ Counsel asserted that if there were no alternatives, the minor girl would endure the two-week extension to reach full term. They also asked that the choice between caesarean and vaginal delivery be left to the petitioners. Furthermore, they sought permission for the minor girl to stay with her parents, ensuring she received their care and support.
However, the Court, while rejecting the plea, affirmed that the petitioners would receive continuous and comprehensive medical assistance. The Court also clarified that after the completion of delivery, the petitioners could seek assistance under the Juvenile Justice (Care and Protection of Children) Act, 2015.
