Kochi, Oct 23 — 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 rape victim.
The High 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.
The decision comes at an advanced stage of pregnancy, when termination requires careful medical assessment and judicial consideration under the applicable legal framework.
An expert medical Board constituted on the court's directions had examined the girl and submitted its report .
The medical 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.
The High Court laid down specific safeguards to ensure that the termination is carried out with the necessary medical care and consent.
The court also directed the state government to make all necessary medical arrangements without any delay, ensuring that the procedure can be undertaken with appropriate medical support.
In a further direction, the court 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.
The case brings into focus the difficult legal and medical questions that arise when a minor who has survived sexual assault seeks termination of a pregnancy at an advanced stage.
The directions also place responsibility on the state government to ensure that the procedure is not delayed and that medical care is available for any eventuality during the process