Minor’s plea to terminate 34 weeks pregnancy from incestuous relationship with brother rejected: Kerala HC
Last Updated on January 3, 2024 by News Desk
Issue:- It was requested in the plea that allowing the pregnancy could have cataclysmic consequences on the mental and physical health of the girl.
Analysis:- To this, the court sought an expert opinion. As per the initial recommendation of the medical review board, it was told that given the young age of the girl, there is a risk associated with prematurity.
However, after a review was sought, it was said that the pregnancy could be continued and opting for a cesarean section delivery could have less impact.
It was observed by Justice Devan Ramachandran that the termination of the pregnancy was not possible as the fetus had achieved 34 weeks of gestation, which meant it was fully developed.
The parents of the girl were directed to seek continuous medical assistance from the Government Medical College at Manjeri for the girl’s delivery and after 36 weeks they can approach the superintendent for an expert evaluation to decide on the method of delivery.
The court emphasized the protection for the baby post-delivery and has also imposed restrictions on the boy to have access to the baby
Judgement:- The court rejected the plea for the termination of pregnancy, by giving directions to seek continuous medical assistance and ensure the safety as well as protection of the individuals mainly regarding the petitioner’s and restricting the brother’s access
Conclusion:- The Kerala HC refused the plea that was filed by a 12-year-old girl who sought the medical termination of her pregnancy from an incestuous relationship with her minor brother.
Case Title:- xxxx, xxx, xxxx v State of Kerala.pdf
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
