Thiruvananthapuram. A 12 year old girl became pregnant due to illicit relationship with her minor brother. According to the report, when the girl’s parents came to know about this, the ground slipped beneath their feet. She has hurriedly approached the High Court for permission for abortion. However, the court has refused to allow the girl to undergo abortion. The court argued that abortion could not be performed now because the fetus had reached 34 weeks and was fully developed. The court ordered the parents to keep the brother away from the sister until pregnancy. The girl’s family had argued in the court that pregnancy could cause physical and psychological problems to their daughter.
The girl’s parents were unaware of the pregnancy until the end. According to Live Law, the case reached the Kerala court. The High Court said in its decision, “The fetus has already reached 34 weeks of gestation and is now fully developed. The fetus is preparing for its life outside the womb. Abortion at this stage is not impossible but not advisable. Obviously, therefore, the child will have to be allowed to be born.”
The case was heard under the direction of Justice Devan Ramachandran. He ordered that the minor girl should remain in the care of her parents. The court has also directed the authorities concerned and the parents to take steps to ensure that the brother against whom the allegations have been made is kept away from the girl. Actually, the girl’s parents had approached the Kerala High Court seeking permission for abortion.
According to the report, the medical board investigating the case had initially recommended termination of the 34-week pregnancy due to the girl’s young age and possible psychological trauma. However, after further discussions with the court, the medical board changed its opinion and said that the girl was healthy enough to give birth to a child. Considering the inadequacy of the medical board’s report, the court ordered re-evaluation of both the girl and the fetus, Live Law reports.
The medical board concluded that continuing the pregnancy for an additional two weeks to reach full term was unlikely to have a serious psychological impact on the girl. The board also suggested cesarean section delivery in view of its less psychological impact. Counsel for the petitioners argued that, if there is no other option, the minor will have to endure the pregnancy for two more weeks until she reaches full term. He also requested that the choice of delivery be left to the petitioners, as well as that the minor girl be allowed to live with her parents for adequate care and support. Rejecting the petition in the case, the court directed that the girl should receive continuous medical assistance. It was further stated that the petitioners can seek assistance under the Juvenile Justice (Care and Protection of Children) Act, 2015 after the completion of the delivery.
