Kerala High Court Approves Abortion for 14-Year-Old Rape Victim

Court Grants Permission for Medical Termination of Pregnancy

The Kerala High Court has authorized the medical termination of pregnancy for a 14-year-old girl who is a victim of rape and is currently 28 weeks pregnant. The court emphasized the importance of considering her mental anguish in this decision. It instructed the Kerala government to make immediate arrangements for the procedure once the girl and her father submit their written consent.

Justice Harishankar V. Menon stated that it was crucial to approve this petition as the girl did not wish to continue with the pregnancy. The court also mandated that if the baby survives the procedure, the state must provide standard care for the newborn. Furthermore, if the girl does not want to keep the child, it should be placed in a child care institution or a specialized adoption agency under the Juvenile Justice Act.

Medical Board's Assessment and Risks

This ruling came in response to a petition filed by the victim's father. The medical board indicated that at approximately 28 weeks of gestation, the baby would weigh around 1 kilogram at birth, with an 80% chance of survival. However, they also warned that premature birth could lead to various health issues, including retinopathy, necrotizing colitis, intraventricular hemorrhage, and respiratory difficulties. The board noted that the risks of these conditions decrease if the pregnancy reaches around 34 weeks.

Despite the board's opinion that the likelihood of morbidity decreases closer to 34 weeks, the judge highlighted the need to consider the trauma experienced by the rape victim due to the pregnancy.

Government's Responsibilities Post-Procedure

The court further stated that if the baby does not survive the procedure, the government must ensure that tissue and blood samples from the fetus are preserved for necessary medical examinations, including DNA fingerprinting and mapping, as an FIR has already been filed in the sexual assault case. The court has granted permission for the abortion and outlined the steps the state must take, along with instructions for both potential outcomes following the procedure.