The Kerala High Court has permitted the termination of a 27-week pregnancy of a 16-year-old girl who was a victim of sexual assault, taking into account the psychological trauma and mental distress faced by the minor, IANS reported from Kochi on Friday, October 23. The survivor is not being named or identified in line with the law protecting minor victims.

Source: IANS via HiIndia

The court issued the order on a petition filed by the girl's mother, who sought permission to terminate the pregnancy, stating that continuing it would cause further mental anguish to her daughter. The court accepted the stand taken by both the girl and her mother that they did not wish to continue the pregnancy, IANS reported.

An expert medical board constituted on the court's directions had examined the girl and submitted its report, and the board clearly recommended that the pregnancy could be terminated. After considering the medical report and the provisions of the Medical Termination of Pregnancy (MTP) Act, the court granted permission for the procedure, Nation Press reported.

Source: Nation Press

Safeguards the court ordered

The High Court laid down specific safeguards to ensure that the termination is carried out with the necessary medical care and consent. It directed the state government to make all necessary medical arrangements without any delay, ensuring that the procedure can be undertaken with appropriate medical support, according to IANS.

The court also addressed the possibility of the baby being born alive during the procedure. It ordered the government to ensure that the newborn receives the necessary neonatal care and specialised medical treatment in such a situation, both IANS and Nation Press reported.

Under the MTP Act, termination beyond the standard gestational limits in special categories, including survivors of sexual assault, requires medical-board clearance and court approval. The case is expected to conclude with a compliance report filed before the High Court once the procedure is completed, Nation Press reported.

Source: Nation Press

What is solid

  • The Kerala High Court on October 23 permitted the termination of a 27-week pregnancy of a 16-year-old sexual assault survivor (IANS via HiIndia; Nation Press).
  • The petition was filed by the survivor's mother, and an expert medical board constituted on the court's directions recommended that the pregnancy could be terminated (IANS; Nation Press).
  • The court directed the Kerala government to arrange the procedure without delay and to keep neonatal care and specialised treatment ready if the baby is born alive (IANS; Nation Press).

What is only claimed

  • This order decides only the termination plea under the MTP Act; it does not decide any separate criminal proceedings relating to the alleged sexual assault.