Why Kerala HC Denied Pregnancy Termination Of A 12-Year-Old Girl

During a recent and highly sensitive legal proceeding, the Kerala High Court made a decisive ruling on a plea seeking the termination of the pregnancy of a 12-year-old girl. The case involves disturbing allegations of incestual relations with her minor brother, presenting a challenging ethical and legal dilemma.

The court said that the pregnancy had already reached 34 weeks of gestation and was fully developed. The girl's parents had filed a petition to terminate the pregnancy as it would cause physiological and psychological trauma to the girl. The parents were unaware of the pregnancy until recently. 

Court's Verdict and Rationale

The court, in its profound judgment delivered on December 22, deliberated on the intricacies of the case. It acknowledged the advanced stage of the pregnancy, currently at 34 weeks, with the foetus fully developed and on the verge of life outside the womb. The court, after careful consideration, deemed termination at this stage as not tenable, if not outright impossible.

The court, headed by Justice Devan Ramachandran, said, "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 also directed that the girl be kept under the care and guidance of her parents. It further said that the minor brother, against whom charges have been levied, should be kept away from the girl.

The court said, "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 third 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.”

Earlier, the Medical Board had recommended that the pregnancy be terminated. But later, after discussing with the court, it was stated that the girl was healthy enough to carry the baby. The Review Medical Board further stated that carrying the pregnancy for two more weeks would not cause any psychological problems for the girl. To further reduce the psychological impact, the board suggested cesarian delivery of the child. 

Post-Delivery Safeguards

The petitioners' counsel argued that the petitioners are fine with the judgement of carrying the pregnancy for two more weeks if no other option is left. The petitioners, however, requested that the choice of delivery be left for them to decide, with an additional plea to allow the girl to stay with her parents for better care and support.

However, while rejecting the plea, the court said that the petitioners would continuously receive proper medical assistance. It also suggested that the petitioners can seek assistance from the Juvenile Justice (Care and Protection of Children) Act, 2015, after the completion of delivery.