Kerala High Court Asks Man To Approach Child Welfare Committee For Discharge Of Minor Daughter Impregnated By Her Brother

The Kerala High Court on Friday said that the father of a minor girl, who gave birth to a child after being impregnated by her brother, is free to submit an application to the Child Welfare Committee for her restoration in accordance with Section 40 of Juvenile Justice (Care and Protection of Children) Act, 2015.

A single bench of Justice P V Kunhikrishnan directed the Child Welfare Committee to consider the application, if it is filed, within a week after consultation with doctors. The order of the Child Welfare Committee in this regard has been directed to be submitted before the court.

“Regarding the discharge of the petitioner's child, the Police authorities can do the needful in consultation with the medical authorities. The custody of the new born child of the minor girl also will be decided by the 8th respondent (Child Welfare Committee) in accordance to Sec.35 of the Juvenile Justice Act,” said the court.

The Court had previously allowed the termination of the pregnancy of the 15-year-old who was impregnated by her brother. She was already 32 weeks pregnant at the time of the order of the court. The petition was filed by the father on behalf of the minor daughter.

It had allowed the termination of the pregnancy observing that various social and medical complications are likely to arise in the matter. However, the Medical Board had said that since the minor was at 32 weeks of pregnancy, there was a chance of delivering a live premature baby. The Medical Board had expressed concerns regarding the future care of the baby in such circumstances. The court had stated that appropriate orders would be passed addressing such issues if they arise.

Pursuant to the order of the Court allowing the termination of pregnancy, Adv. Kulathoor Jaisingh, had approached the Court seeking to be impleaded in the matter. The Division Bench comprising Chief Justice S.V. Bhatti and Justice Basant Balaji had granted liberty to the applicant to move 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. Jaisingh had appealed against the decision of the single bench 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. 

Case Title: XXX v Union of India

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