'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother

“The foetus has already reached 34 weeks of gestation and is now fully developed, preparing for its life outside the womb. Termination of pregnancy at this point is not tenable, if not impossible; and obviously, therefore, the child will have to be allowed to be born...” the Court stated.

Justice Devan Ramachandran has directed the minor girl to be in the custody and care of the petitioners/parents. The Court has also directed the competent authorities and parents to ensure that the brother against whom allegations were made was not allowed anywhere near the girl.

“In order to ensure that the applicable provisions of law are not violated, petitioners 1 and 2 are hereby peremptory directed to ensure that the 3rd petitioner's brother - against whom the allegation has been made - is not allowed anywhere near her, or to have access to her in any manner whatsoever. This shall also be ensured by the competent Authorities.”

In this case, the parents approached the Court seeking medical termination of pregnancy of their 12-year-old minor girl (3^rd petitioner) who was allegedly in an incestual relationship with her own minor brother. They submitted that the pregnancy could cause physiological and psychological difficulties to the minor girl. The Court was also apprised that the parents were unaware of the pregnancy until recently.

Initially, the Medical Board suggested that the 34-week pregnancy could be terminated considering the tender age and psychological trauma on the minor girl. However, on interaction with the Court, the Medical Board opined that the minor girl was healthy enough to carry the pregnancy to its full term. Since the reports of the Medical Board were insufficient, the Court directed for conducting of a revaluation of the minor girl and the foetus.

The Review Medical Board suggested that continuing pregnancy for 2 more weeks to reach full term was unlikely to cause any serious psychological impact on the minor girl. The Board also recommended caesarean delivery over vaginal delivery as it has a lesser psychological impact on the minor girl.

The Counsel for the petitioners submitted that if there was no other choice, the minor girl would carry the pregnancy for two more weeks to reach full term. They also submitted that the choice of caesarean delivery or vaginal delivery be left to the petitioners. Further, it was also requested that the minor girl be allowed to stay with her parents to receive their care and support.

While declining the plea, the Court stated that the petitioners shall receive continuous and complete medical assistance. It also stated that the petitioners can avail assistance under the Juvenile Justice (Care and Protection of Children) Act, 2015 after the delivery was completed.

Counsel for the petitioners: Advocates K M Firoz, P Cmuhammed Noushiq

Counsel for the respondents: Government Pleader Vidya Kuriakose

Citation: 2024 LiveLaw (Ker) 4

Case title: XXX v State of Kerala

Case number: WP(C) NO. 42678 OF 2023

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