Kerala HC rejects abortion plea for 12-year-old in incest case

The Kerala High Court has declined a plea requesting the termination of the pregnancy of a 12-year-old girl, allegedly in an incestual relationship with her minor brother. The court noted that the foetus, now at 34 weeks, is fully developed and preparing for life outside the womb.

The court stated that termination at this stage is not tenable, if not impossible, and the child must be allowed to be born through either a caesarean section or normal delivery, a decision left to medical experts.

The parents argued that childbirth would have severe consequences on the girl’s physical and mental well-being.

In its December 22 order, the court allowed the petitioners to seek continuous assistance from doctors at the nearby Government Medical College.

After reaching 36 weeks of gestation, they can approach the Medical College Superintendent for evaluation by experts, who will then decide on the nature of delivery.

The court assured protection for the baby after birth, emphasising the girl’s comfort with her parents until delivery.

The parents were directed to ensure the accused brother stays away from her, with competent authorities enforcing this directive.

The court emphasised maintaining the petitioners’ anonymity throughout the process and thereafter.

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