Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground

A lawyer has approached the Kerala High Court for setting aside a Single Judge's decision allowing a 15 years old girl, impregnated by her brother, to terminatw the pregnancy.

The Division Bench comprising the Acting Chief Justice S.V. Bhatti and Justice Basant Balaji on Thursday granted liberty to the appellant, Kulathoor Jaisingh, to move before the Single Judge both for impleading himself as one of the respondents in the matter, as well as for the issuance of appropriate orders in the case. 

As per the Single Judge, continuation of pregnancy would have social and medical complications, since the child was conceived from the mother's own sibling.

Jaisingh has appealed against this decision stating that a baby in the womb cannot be terminated by a judicial order to save the "false pride" of social and mental health of the family of the victim girl without any evidence.

"Only on the basis of an FIR, the Single Judge has come to the conclusion that the pregnancy of the child is caused by her brother. It is respectfully submitted that the social and mental complication is not a ground for termination of a child in the womb of 8 months," the appellant avers. 

The appellant has further submitted that the medical report does not state that due to the pregnancy, the life of the child would be in danger at the time of delivery, nor that the mother would have mental and physical disabilities if the pregnancy is continued. The appellant submits that it could thus be presumed that both the mother and the foetus are fit for normal delivery. 

"The interim order of the Court is against the conscience of the common man and may have a heartbreaking feeling. The learned Single Judge ought to have found that if the child is kept in the womb for 2 more months in a secret manner, the life of the child and the alleged social and medical complications can be sorted out and the paternity of the child can be medically proved," the appeal adds. 

Case Title: Kulathoor Jaisingh v. XXX & Ors.