Kerala High Court Allows 15-Year-Old Girl's Pregnancy Termination in Incest Case

On Friday, the Kerala High Court granted permission to a 15-year-old girl, who was impregnated by her brother, to medically terminate her 7-months old pregnancy in the case [xxx v Union of India & Ors.].

Justice Ziyad Rahman AA noted that there is a possibility of various social and medical complications arising if termination of pregnancy is not allowed and the child is born. 

The Court stated 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. However, even while addressing the said issue and passing appropriate orders in this regard, the possibility of giving birth to a live baby cannot be overruled, as highlighted by the Medical Board. In such circumstances, I am inclined to allow medical termination of pregnancy of the daughter of the petitioner.”

The Court was considering a petition filed by the father of the minor girl seeking directions to medically terminate the pregnancy. 

The medical board opined that the continuation of pregnancy is likely to cause grave injury to the social and mental health of the girl and her physical health is likely to be affected by the complications of teenage pregnancy. It, therefore, submitted the medical report stating that the minor girl is physically and mentally fit for medical termination of pregnancy (MTP).

In light of the medical report, the Court directed the District Medical Officer and the Superintendent of the Government Medical College Hospital to take urgent steps to terminate the pregnancy of the girl without any delay. 

The Court also noted that the petitioner should be provided with all necessary medical assistance and care for the same.

The Court concluded the order by stating that the medical termination of pregnancy should be done in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971. The Court also directed the District Medical Officer to submit a report to the Court after the termination of pregnancy.