'Social & Medical Complications Likely': Kerala High Court Allows Medical Termination Of Pregnancy Of 15 Year Old Girl Impregnated By Brother

The Kerala High Court on Friday allowed the termination of pregnancy of a 15 year old minor girl who was impregnated by her brother. The petition was filed by the father on behalf of the minor daughter who was 7 months pregnant.

A single bench of Justice Ziyad Rahman observed that:

“Considering the fact, the child is born from his own sibling, various social and medical complications are likely to arise. In such circumstances, the permission as sought for by the petitioner to terminate the pregnancy is inevitable.”

The concerned District Medical Officer and the Superintendent, Government Medical College Hospital, were directed by the Court to take steps to medically terminate the pregnancy urgently.

The Court had sought the opinion of the medial board in this regard that had stated that the child was physically and mentally fit for Medical Termination of Pregnancy. The medical board also stated that the “continuation of pregnancy is likely to cause grave injury to the social and mental health of the child”. The board also submitted before the Court that the physical health of the minor was likely to be affected by the complication of a teenage pregnancy.

The Medical Board also submitted that since the minor was at 32 weeks of pregnancy, there was a chance of delivering a live premature baby that may face various health issues. The Medical Board expressed concerns regarding the future care of the baby in such circumstances.

“After completion of the procedure, a report in this regard shall be submitted before this Court to enable the Court to pass appropriate orders for addressing the further issues that are likely to arise in this case,” the Court stated in its order.

Case Title: XXX v Union of India

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