The Kerala High Court has permitted the medical termination of a 30-week pregnancy of a 15-year-old rape survivor after a court-constituted medical board found that continuing the pregnancy would significantly affect her mental health.
Justice Harisankar V Menon allowed the petition filed by the girl’s mother and directed the state government to make necessary arrangements for carrying out the procedure.
The medical board, constituted by the court to assess the girl’s condition, concluded that termination of pregnancy was the most suitable option in the circumstances.
Medical Board Flags High Chance of Live Birth
The board informed the court that since the pregnancy had crossed 30 weeks, the baby was likely to be born alive. It assessed the chances of survival at more than 95 per cent in the absence of major anomalies or perinatal complications.
According to the board, the baby would also require neonatal intensive care for around two months.
Taking the medical opinion into account, the High Court directed that the termination procedure be undertaken after obtaining an undertaking from the survivor and her mother confirming that the girl was willing to undergo it.
State Directed to Provide Neonatal Care
The court said that if the child survives the procedure, the state must provide appropriate measures and standard neonatal care. It further directed that any complications referred to in the medical board’s report must be treated by providing necessary medical assistance to the child whenever required.
The court also addressed the possibility that the baby may not survive. In such an event, it directed the state to preserve tissue and blood samples of the foetus for necessary medical examinations, including DNA testing, fingerprinting and mapping.
The direction was issued in view of the FIR already registered in connection with the sexual assault of the minor.
