In a complex and sensitive case, the Kerala High Court has declined a plea to terminate the 34-week-old pregnancy of a 12-year-old girl, who was allegedly in an incestuous relationship with her minor brother. The Court, led by Justice Devan Ramachandran, concluded that medical termination was not viable at this advanced stage of pregnancy.
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The Court’s decision was based on the medical opinion that the fetus had reached a fully developed state, preparing for life outside the womb. Justice Ramachandran stated,
“The fetus has already reached 34 weeks of gestation and is now fully developed, preparing for its life outside the womb. 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.”
The case came to light when the parents of the minor girl sought medical termination of her pregnancy, citing concerns about physiological and psychological difficulties. Initially, the Medical Board recommended termination, considering the girl’s young age and psychological trauma. However, upon further review and interaction with the Court, the Board suggested that the minor was healthy enough to carry the pregnancy to full term.
The Review Medical Board later advised that continuing the pregnancy for two more weeks to reach full term was unlikely to cause serious psychological impact. They recommended a caesarean section delivery over vaginal delivery, considering its lesser psychological impact on the minor.
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The Court directed the petitioners to seek continuous assistance from the Government Medical College at Manjeri and emphasized a thorough evaluation once the fetus reached 36 weeks to decide on the delivery method. Additionally, the Court issued directives to ensure the safety and protection of the individuals involved, including restrictions on the brother’s access and maintaining the petitioners’ anonymity.
While declining the plea for termination, the Court assured that the petitioners would receive continuous and complete medical assistance and could avail assistance under the Juvenile Justice (Care and Protection of Children) Act, 2015, after the delivery.
This judgment highlights the complex ethical and legal considerations involved in cases of pregnancy termination, especially involving minors and sensitive circumstances such as incest. The Court’s decision underscores the importance of balancing the rights and health of the minor mother and the unborn child, while also ensuring the safety and well-being of all parties involved.
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