Kerala HC rejects plea to end 34-week pregnancy of 12-year-old
“The foetus has already reached 34 weeks of gestation and is now fully developed, preparing for its life outside the womb,” the bench said
The Kerala high court has rejected a petition seeking termination of pregnancy of a 12-year-old girl, allegedly arising out of incestuous relations with her minor brother, as it noted that the foetus had already reached 34 weeks of gestation and is fully developed.
A bench of justice Devan Ramachandran, on December 22, also said that the girl shall be in the custody and comfort of her parents until her delivery, and ordered that her brother is not allowed anywhere near her or has access to her in any manner.
The directives came on a writ petition filed by the girl’s parents, who said continuation of her pregnancy could result in “cataclysmic consequences to her physiological and psychological condition”. They also said that they were not aware of their daughter’s pregnancy until very recently.
“The foetus has already reached 34 weeks of gestation and is now fully developed, preparing for its life outside the womb,” the bench said.
“Termination of pregnancy at this point is not tenable, if not impossible; and obviously, therefore, the child will have to be allowed to be born, either through a caesarean section, or a normal delivery. This of course is a matter of choice for the experts and cannot be fully left to the petitioners, particularly, taking note of the rather young age of the victim-mother,” it added.
The court also said that the “petitioner’s brother, against whom the allegation has been made, is not allowed anywhere near her, or to have access to her in any manner whatsoever”. “This shall also be ensured by the competent authorities,” it said.
The court also ruled that the girl shall be in the custody and comfort of her parents until her delivery, and subsequently she is at liberty to approach the court or the hospital superintendent for any assistance.
In its initial hearing, the court had asked for a report from the medical board of the hospital after the girl’s examination. After the report was submitted, the court opined that it was insufficient and asked for a reevaluation of the girl and the foetus.
The review medical board told the court that it had decided that the continuation of pregnancy for another 1-2 weeks, till 36 weeks, is unlikely to seriously affect the psychological well-being of the mother. “We recommend to continue the pregnancy and deliver by 36 weeks, provided no other obstetric emergency develops before that,” it said.
