Do The Needful: Kerala High Court Direct Hospital On Plea For Termination Of Pregnancy By 10Yr Old Rape Victim

The Kerala High Court on Thursday came to the aid of a 10-year old girl who was allegedly sexually abused by her father, by permitting her to undergo medical termination of her 8-month (30 weeks) old pregnancy.

Finding the plight of the girl who became pregnant at such a tender age 'unfortunate', Justice P.V. Kunhikrishnan allowed the plea for medical termination of pregnancy moved by the girl's mother. 

"The alleged culprit is her own father. If the allegation is correct, I am ashamed of and of course, the entire society should bow their head for the same reason. I am sure that long arm of our legal system will punish him in a manner known to law. Since the victim child is only aged ten years, there is a chance for medical complication to her health. Considering the entire facts and circumstances of the case, according to me, this is a case in which this Court should invoke the jurisdiction keeping in mind the Almighty", the single judge bench noted.

Earlier, when the case was taken up, the medical board constituted to examine the minor girl had opined that a surgery would have to be performed for terminating the pregnancy and that there was an 80% chance the baby might survive the procedure.

The board had also said that there were risks of neonatal morbidities and also a chance of medical complications with regard to the health of the minor victim.

Therefore, the Court directed the State government and the hospital to ensure that the infant is provided with all necessary medical assistance if it is born alive.

With these directions, the plea was allowed.

Advocates M. Kabani Dinesh and C. Anchala appeared for the petitioner. Government Pleader Vidya Kuriakose also appeared in the matter. 

Case Title: YYY v. Union of India

Citation: 2022 LiveLaw (Ker) 123

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