Kerala High Court has refused permission to medically terminate the pregnancy of a 12-year-old girl, who was in an alleged incestual relationship with her minor brother.
The court refused permission to abort on grounds that the medical termination of pregnancy was out of option as the foetus had already reached 34 weeks of gestation and was fully developed.
“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 high court said, according to Live Law.
Justice Devan Ramachandran directed the minor girl to be in the custody and care of the petitioners/parents. The Court has also directed authorities and parents to ensure that her minor 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,” the court stated.
The parents of the 12-year-old girl had approached the Court seeking medical termination of her 34-week pregnancy. The petitioners argued that the pregnancy could cause physiological and psychological problems to the minor girl and told the court that they were unaware of the pregnancy until recently.
Last year in April, Calcutta High Court denied permission for medical termination of pregnancy to a 12 years old minor girl, who was allegedly a victim of rape and sexual assault. The court ruled that termination of pregnancy involved a risk to the extent of maternal death.