Yesterday, On 31st October, The Kerala High Court denied a 16-year-old rape survivor’s request to terminate her pregnancy. Justice V.G. Arun allowed the minor and her family the option to place the child for adoption after birth, if they wish. The court also instructed the state government to ensure the necessary legal steps are taken to facilitate this process.
Kochi: The Kerala High Court, On Wednesday, dismissed a petition from a 16-year-old rape survivor seeking an abortion, stating that “her medical report does not show any anomaly to the foetus or that going ahead with the pregnancy was injurious to her mental health.”
Justice V.G. Arun granted the minor and her family the option to place the child for adoption after delivery, if they choose, directing the state government to facilitate the necessary legal procedures.
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The Medical Board, appointed to assess the girl’s condition, had recommended terminating the pregnancy, noting that “continuation of the pregnancy will significantly affect the mental health of the 16-year-old rape victim, as the conception follows rape.”
The Kerala High Court stated that,
“The report of the Medical Board does not reveal substantial anomaly to the foetus and the report also does not reveal that the mental condition of the survivor is of such nature that it constitutes grave injury to her mental health.”
Consequently, in such circumstances, the prayer for medical termination of pregnancy can only be declined.
The court disagreed with the Board’s recommendation, noting that it lacked a specialist in psychology and mental health. The girl’s parents filed the petition seeking abortion after she was 26 weeks and 5 days pregnant.
The court remarked,
“The pregnancy is alleged to be the result of repeated instances of rape committed on the girl by her lover. The victim and her parents were unaware about the pregnancy till the girl was examined by a gynaecologist,”
This case has drawn attention to the need for comprehensive medical evaluations that consider both physical and mental health factors, especially in cases of sexual assault involving minors. Legal experts and child welfare advocates argue that specialized medical boards for assessing cases involving sexual assault survivors should include mental health professionals to provide a more holistic view, particularly in scenarios where mental well-being is impacted by trauma.
The Kerala High Court’s decision highlights the tension between medical recommendations, mental health considerations, and legal limitations in cases of late-term abortion. It also underscores the need for multidisciplinary medical assessments in such complex cases, as well as a nuanced legal approach that considers the psychological welfare of sexual assault survivors, especially minors.